[Vision2020] Federal judge orders injunction blocking Highway 12 megaloads

Art Deco art.deco.studios at gmail.com
Fri Sep 13 09:52:29 PDT 2013


This obvious decision illustrates the stupidity of the Idaho GOP/Tea Party
whose sway motivates the Idaho officials that allowed the loads despite the
clear language of the judge's original order:  Obey only the laws you want
to.


On Fri, Sep 13, 2013 at 12:39 PM, Tom Hansen <thansen at moscow.com> wrote:

> Oops.
>
> I was so excited about the ruling that I forgot to include the link.
>
> Well, here 'tis.
>
>
> http://www.spokesman.com/blogs/boise/2013/sep/13/federal-judge-orders-injunction-blocking-highway-12-megaloads/
>
>
> Seeya 'round town, Moscow, because . . .
>
> "Moscow Cares" (the most fun you can have with your pants on)
> http://www.MoscowCares.com
>
> Tom Hansen
> Moscow, Idaho
>
> "There's room at the top they are telling you still
> But first you must learn how to smile as you kill
> If you want to be like the folks on the hill."
>
> - John Lennon
>
>
>
> On Sep 13, 2013, at 9:35 AM, Tom Hansen <thansen at moscow.com> wrote:
>
> *"This is the 'Mouse that Roared,' 'David and Goliath' and 'Avatar' all
> rolled into one.  We must remember that the thousands of citizens involved
> in this effort to protect their personal and family safety, their
> businesses and their lifestyles are confronting some of the largest
> international corporations in the world."*
>
> *~ Linwood Laughy ~*
>
> Courtesy of the Spokesman-Review at:
>
> --------------------------------------
>
> Federal judge orders injunction blocking Highway 12 megaloads<http://www.spokesman.com/blogs/boise/2013/sep/13/federal-judge-orders-injunction-blocking-highway-12-megaloads/>
>
> U.S. District Judge B. Lynn Winmill has ruled in favor of the Nez Perce
> Tribe and Idaho Rivers United, ordering a preliminary injunction blocking
> further megaload transports on scenic U.S. Highway 12 until a corridor
> study and consultation with the tribe have been completed by the U.S.
> Forest Service; you can read the judge’s ruling here<http://media.spokesman.com/documents/2013/09/winmill-ruling-9-13-13.pdf>
> .
>
> The judge noted that after he ruled last winter that the Forest Service
> had authority over megaloads on the route, the Idaho Transportation
> Department nevertheless issued a permit to Omega Morgan to haul a General
> Electric megaload over the route in August, an evaporator bound for the
> Canadian oil sands, and the Forest Serrvice objected, but didn’t stop it.
> “In an earlier decision in a related case, the Court held that the Forest
> Service must ‘*enforce *all relevant legal authorities, including, but
> not limited to, the Wild and Scenic Rivers Act … .’ ” Winmill wrote in his
> ruling.  “The Forest Service was taking the position that it had authority
> to review but not to enforce. Obviously, that was an erroneous reading of
> the Court’s decision.”
>
> The injunction orders the Forest Service to close Highway 12 to any Omega
> Morgan megaloads from mileposts 74 to 174, “until the Forest Service has
> conducted its corridor review and consulted with the Nez Perce Tribe;” the
> company had planned to send another giant load over the route on Sept. 18.
> It argued that it will lose millions if it can't deliver the equipment to
> Canada on time, but the judge wrote that the company had been informed by
> the attorneys for megaload opponents back in April of the opposition and
> the costs incurred by previous firms proposing megaload shipments on
> the route.
>
> “In April of 2013, plaintiffs’ counsel sent a letter to Omega-Morgan
> putting them on notice that they would be attempting to block any shipments
> down Highway 12 unless Omega-Morgan obtained permission from the Forest
> Service,” Winmill wrote. RCCI, the GE division sending the load, “decided,
> however, to proceed before the Forest Service could complete its corridor
> study and consultation with the Tribe. In other words, RCCI knowingly put
> its loads into a position where the company would incur $5 million in
> losses if it must wait for the Forest Service review. Given these
> circumstances, the Court cannot find that the balance of equities tips in
> defendants’ favor. In fact, it tips the other direction due to the clear
> command of the Tribe’s Treaty rights, NFMA (National Forest Management
> Act), and the Wild and Scenic Rivers Act. For those same reasons, the Court
> finds that an injunction is in the public interest.”
>
> He noted, “The plaintiffs are not seeking damages; they are seeking to
> preserve their Treaty rights along with cultural and intrinsic values that
> have no price tag.”
> --------------------------------------
>
> Seeya 'round town, Moscow, because . . .
>
> "Moscow Cares" (the most fun you can have with your pants on)
> http://www.MoscowCares.com
>
> Tom Hansen
> Moscow, Idaho
>
>
>
>
> =======================================================
> List services made available by First Step Internet,
> serving the communities of the Palouse since 1994.
>               http://www.fsr.net
>          mailto:Vision2020 at moscow.com <Vision2020 at moscow.com>
> =======================================================
>
>
> =======================================================
>  List services made available by First Step Internet,
>  serving the communities of the Palouse since 1994.
>                http://www.fsr.net
>           mailto:Vision2020 at moscow.com
> =======================================================
>



-- 
Art Deco (Wayne A. Fox)
art.deco.studios at gmail.com
-------------- next part --------------
An HTML attachment was scrubbed...
URL: <http://mailman.fsr.com/pipermail/vision2020/attachments/20130913/7af9d157/attachment-0001.html>


More information about the Vision2020 mailing list