[Vision2020] Federal judge orders injunction blocking Highway 12 megaloads

[Moscow Cares]

For those interested in browing (or downloading) Judge Winmill's decision, feel free to do so at:

http://www.nomegaloads.com/091313_Judge_Winmill_Ruling.htm

Now, if you'll excuse me, I must depart for Kingston to attend my grand-nephew(-in-law)'s wedding which takes place tomorrow somewhere along the north fork of the Coeur d'Alene River.

Seeya on the flip-flop, 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 9:52 AM, Art Deco <art.deco.studios at gmail.com> wrote:

> 
> 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
>>> 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.
>>> 
>>> 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
>>> =======================================================
>> 
>> =======================================================
>>  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
> 
> 
> =======================================================
> 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
> =======================================================
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