[Vision2020] Megaloads Put on Hold

[Tom Hansen]

Courtesy of the Missoulian (Missoula, Montana) at:

http://missoulian.com/news/local/article_79672c4e-b26a-11e0-8434-001cc4c002e0.html

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Judge stops transport of giant oilfield equipment through western Montana
By KIM BRIGGEMAN of the Missoulian | Posted: Tuesday, July 19, 2011 6:45 pm

A district court judge has upheld a request by Missoula County and three conservation groups to stop the Kearl Module Transportation Project - and its trucking of giant oilfield equipment modules through western Montana.

Judge Ray Dayton of Anaconda issued his decision to partially grant a preliminary injunction against the Montana Department of Transportation and Imperial Oil/Exxon Mobil shortly before 5 p.m. Tuesday.

Dayton ruled that the transportation department was out of line in approving Imperial's proposal to transport an unprecedented 200 Korean-made megaloads of processing equipment to the Kearl Oil Sands in Alberta, Canada, via U.S. Highway 12, Highway 200 and other two-lane roads in Montana.

He agreed with the county and its co-plaintiffs - the National Wildlife Federation, the Montana Environmental Information Center and the Montana Chapter of the Sierra Club - that MDT violated the Montana Environmental Policy Act because it approved an insufficient environmental assessment.

The plaintiffs maintained that the transportation department "failed to adequately consider impacts of the project and failed to adequately consider reasonable alternatives."

Among his points, Dayton said the impact of turnouts constructed along the route could not be fully determined because MDT couldn't say which ones were permanent and which ones were temporary.

He ruled that the environmental assessment didn't analyze whether construction at a similar cost along an interstate route was a feasible alternate. And he said MDT didn't take a "hard look" at the environmental impacts of the Kearl project because it relied on the work of a private consulting firm, Tetra Tech, which was hired by Imperial Oil.

Dayton said he could not rescind encroachment permits already issued by the transportation department.

"The practical effect of this ruling is that ... activity which requires no further permitting or authorization from MDT may legally proceed," Dayton wrote. "However, as issuance of further 32-J permits, and any other permits ... are hereby preliminarily enjoined, construction would be at Imperial Oil's peril, as it may ultimately be determined that such further permitting will be permanently enjoined."

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Seeya round town, Moscow.

Tom Hansen
Moscow, Idaho
 
"The Pessimist complains about the wind, the Optimist expects it to change and the Realist adjusts his sails."

- Unknown

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