[Vision2020] Firm seeks to undo megaloads ruling

Tue Sep 24 16:13:47 PDT 2013

Have any of you read U.S. District Judge B. Lynn Winmill ruled in favor of
the Nez Perce Tribe and Idaho Rivers United, granting an injunction to stop
future Omega Morgan megaload shipments on U.S. Highway 12.
<http://www.scribd.com/doc/168014725/Megaload-Ruling>  ?  Do any of you
understand the term "Treaty Rights" ? Are you aware of the terms of the 1855
Treaty?  Best inform yourselves a bit more or folks might think that you are
all blatting on about things you have no specialist knowledge, background or
training on.  

Rose Huskey

From: vision2020-bounces at moscow.com [mailto:vision2020-bounces at moscow.com]
On Behalf Of Scott Dredge
Sent: Tuesday, September 24, 2013 2:19 PM
To: Paul Rumelhart; Wayne Price
Cc: viz
Subject: Re: [Vision2020] Firm seeks to undo megaloads ruling

I just think the whole brouhaha is politics as usual.  Using Hansen's
illogic about a the 'once-beautiful passage (simply cited on a map as US
Highway 12) from Lewiston, Idaho to Lolo, Montana', anyone could make the
case that Highway 12 itself already has ruined this 'once-beautiful
passage'.  I think all precautions should be put in place to safely move the
Megaloads down Highway 12 with minimal disruption to those living and
traveling along that corridor, but once they've moved on through there
wouldn't be anything different from now.  The one Megaload that has already
gone through hasn't changed anything about that stretch of highway so that
pretty much neuters the argument that the Megaloads will ruin things.  The
delays will be forgotten, trees are renewable, and road and power line
damage can be fixed.  Anything affecting the scenic view (or lack thereof)
years from now will be caused by something other than the Megaloads which
are simply passing through for a relatively very brief period of time.

-Scott

  _____  

Date: Tue, 24 Sep 2013 13:48:26 -0700
From: godshatter at yahoo.com
Subject: Re: [Vision2020] Firm seeks to undo megaloads ruling
To: bear at moscow.com; scooterd408 at hotmail.com
CC: vision2020 at moscow.com

>From my perspective, I understand and sympathize with arguments involving
the possible problems with moving a large megaload through the area (delays,
cutting trees, possible damage to the road).  What I object to are the
political arguments involving the purpose for these megaloads.  I really
don't want our government deciding what legal items we are allowed or not
allowed to move along a public road based solely on their intended purpose.
The roads should be like the phone lines.  No restrictions on what goes down
them unless an actual law is broken.  Pursuant to the permitting process and
so forth, of course.

I do think what you are saying about "if they control it then they should
pay for it" makes sense.  There are also some State/Federal issue I'm not
particularly comfortable with here, too.

Paul

  _____  

From: Wayne Price <bear at moscow.com>
To: Scott Dredge <scooterd408 at hotmail.com> 
Cc: Moscow Vision 2020 <vision2020 at moscow.com> 
Sent: Tuesday, September 24, 2013 12:49 PM
Subject: Re: [Vision2020] Firm seeks to undo megaloads ruling

Scott,

I have also driven Hwy 12, and there is NOTHING changed along that route,
but I have taken steps by contacting my state representatives, and strongly
urge them that since a federal judge in Boise has determined that both the
Nez Perce Tribe and the US Forest Service now has the final say so over what
travels on what was previously a state controlled highway, there should be
NO state funds put into that highway. IF the Nez Perce and the Forest
Service control that highway, let them pay for the maintenance and upkeep.
This is also a red-flag warning to any other state that if one of their
highways is designated a 

Roads were built and maintained for commerce. IF the nay-sayers want a road
that looks and function like the route traveled  by  Lewis and Clark, so be
it, but I don't want my state transportation dollars supporting it. Those
funds, if approved by the state legislature, can come out of and be
administered by the state historical preservations office.

Wayne

On Sep 24, 2013, at 12:05 PM, Scott Dredge wrote:

When you write about 'our children and our children's children', is that
specifically your children or other' children?

One Megaload has already crossed. Have you been through Highway 12 since
that time and noticed any change to the scenic environment?  If not, when
was the last time you travelled Highway 12 Megaload route?

-Scott

On Sep 24, 2013, at 2:55 AM, "Moscow Cares" <moscowcares at moscow.com> wrote:

Years from now, when our children and our children's children, journey
across that once-beautiful passage (simply cited on a map as US Highway 12)
from Lewiston, Idaho to Lolo, Montana, i do not want their first two words
to be, "Remember when . . . "

Courtesy of today's (September 24, 2013) Lewiston Tribune.

---------------------------------

Firm seeks to undo megaloads ruling

If judge won't halt suspension, company will appeal

A General Electric subsidiary said a federal judge made several legal errors
when he barred megaloads from using U.S. Highway 12 and has asked him to
reconsider.

If the request is denied, attorneys for Resource Conservation Company
International said they will appeal the ruling by U.S. District Judge B.
Lynn Winmill that closed the highway to its contracted shipper Omega Morgan
and its plans to haul massive water purification equipment to Canadian oil
fields via the highway.

On Sept. 12, Winmill ruled against RCCI and the U.S. Forest Service and
issued a preliminary injunction ordering the agency to block the loads. The
injunction was requested by the Nez Perce Tribe and the environmental group
Idaho Rivers United. On Sept. 17, Regional Forester Faye Kruger of Missoula,
Mont., issued an order barring megaloads from using the portion of the
highway that crosses the forest.

In his ruling, Winmill said the agency's failure to stop the shipments
violated several federal laws, including the Wild and Scenic Rivers Act as
well as the Clearwater National Forest Plan. That ruling was based, in part,
on a phone conversation between Forest Service Chief Tom Tidwell and Nez
Perce Tribal Chairman Silas Whitman in which Tidwell reportedly refused
Whitman's request to block the loads.

The legal request from the company alleges Winmill was wrong to consider
Tidwell's refusal as a final agency action because Forest Service officials
were in the process of conducting a study on megaload impacts to the Middle
Fork of the Clearwater/Lochsa Wild and Scenic River Corridor and had also
begun formal consultations with the tribe.

The company also disagreed with Winmill's finding that the agency's
discretionary decision not to previously take enforcement action against
Omega-Morgan was an "extreme abdication of statutory responsibility" and the
company claims the judge based his decision to order the closure on an issue
not raised during court briefings but raised in oral arguments, leaving them
too little time to respond.

Attorneys for the company also took issue with Winmill saying it stood to
lose $5 million if it couldn't use the highway. They said the company
actually could be out $85 million. Because the company's plans to use the
highway predate a February decision by Winmill saying the Forest Service has
authority to regulate megaload traffic, they said the judge's
characterization of their decision to use the highway as a calculated risk
was in error.

"RCCI respectfully requests that the court, on an expedited basis,
reconsider its order, deny plaintiffs' request for injunctive relief, and
direct the Forest Service to rescind its September 17, 2013 closure order
accordingly. Should the court decline to reconsider its order, or should it
reconsider its order only to conclude that the injunction should remain,
RCCI alternatively requests that the court grant RCCI's request to stay the
injunction pending an appeal," according to court documents.

The company shipped a megaload over the highway in early August, which
spawned four nights of protests by tribal members and environmentalists.
Another RCCI oversized load awaits shipment at the Port of Wilma and the
company has said it intends to use the highway to ship six more loads to
Canada.

---------------------------------

A year or so ago a bunch of us "anti-megaloaders" gathered at the residence
of Borg Hendricks and Lin Laughy.  At one point during the festivities, Lin
explained how this all got started a few years ago . . .

He explained that, having heard about the potential of ever-increasing (in
size and number) loads being transported up US-12 from the Lewiston Port
into Montana and up to Canada, he and Borg discussed this and how adeversely
it would impact the Scenic Byway of Highway 12.  Apparently the discussion
became a bit heated, and as they quizically looked at each other, Borg said
to Lin (or Lin said to Borg) . . . "Hey, ya think maybe . . . ?"

And so it began.

Well, Lin and Borg, as a passage in the song "High Hopes" goes . . .

"High Hopes"

"Just what makes that little old ant

Think he'll move that rubber tree plant

Anyone knows an ant, can't

Move a rubber tree plant

But he's got high hopes
He's got high hopes
He's got high apple pie
In the sky hopes

So any time you're gettin' low
'Stead of lettin' go, just remember that ant
Oops, there goes another rubber tree plant
Oops, there goes another rubber tree plant
Oops, there goes another rubber tree plant."

Seeya 'round town, Moscow, because . . .

"Moscow Cares" (the most fun you can have with your pants on)

http://www.MoscowCares.com <http://www.moscowcares.com/> 

Tom Hansen

Moscow, Idaho

"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 

=======================================================
List services made available by First Step Internet,
serving the communities of the Palouse since 1994.
              http://www.fsr.net <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 <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 <http://www.fsr.net/> 
          mailto:Vision2020 at moscow.com
=======================================================

-------------- next part --------------
An HTML attachment was scrubbed...
URL: <http://mailman.fsr.com/pipermail/vision2020/attachments/20130924/a1e2bfcb/attachment-0001.html>