Highway 12: A Timeline

After the recent victory for Highway 12's Wild and Scenic corridor in a Boise courtroom, we thought it would be a good time to present a timeline of Highway 12 from it's creation to the present:

1961-1962: U.S. Highway 12 was built and paved through Idaho and into Montana.

1968: With passage of the Wild & Scenic Rivers Act, eight of the nation's most pristine rivers were designated Wild & Scenic. Among them were three Idaho rivers: the Selway & Lochsa, which join to form the third, the Middlefork Clearwater. For about 90 miles, the latter two -- Lochsa and MF Clearwater -- flow immediately alongside Hwy.12, and at Milepost 97, the Selway flows in from the southeast.

1995: The USFS, which has jurisdiction over these three rivers and the wild corridors through which they run granted a highway management easement to the Idaho Department of Transportation. Many residents, fearful that ITD would ignore Wild & Scenic protection mandates, spoke against the easement. In 1997, some revisions were written into the easement. Five small stretches of the highway were inadvertently, or otherwise, left out and remain left out today.

2008-2010: "Improvements" were madeon Highway 12, including the widening and rock filling of some turnouts, projects partially paid for by Exxon Mobil/Imperial Oil.

2010, spring: ITD and Exxon/Imperial made public a proposal to ship 200+ tarsands modules on U.S.12. Following consultations with Idaho Rivers United and Friends of the Clearwater, The Rural People of Highway 12 Fighting Goliath was launched, and in Montana, NoShipmentsNetwork and All Against the Haul, among others, had entered the fray. Numerous organizations and hundreds of individuals joined the anti-megaload fight, and Advocates for the West lawyer Natalie Havlina and director Laird Lucas began documenting developments.   An Idaho District Court win involving ConocoPhillips' shipments, followed by a Supreme Court appeal, two unsuccessful contested cases (but that caused significant and costly time delays for the corporations), a court case win in Montana that stopped Exxon/Imperial in its tracks, protests, monitorings, comments and letters, and so much more. And then ...

 

2011, March: IRU filed its lawsuit against the USFS & FHWA.

 

2012, December: The Nez Perce Tribe filed a motion for amicus status in the case.

 

2013, Feb. 6th: Advocates for the West's Laird Lucas presented final arguments before U.S. District Judge B. Lynn Winmill, and Tribal lawyer Michael Lopez argued for amicus status.

 

2013, Feb. 7th: Judge Winmill ruled in IRU's favor. 

 

Now: With the IRU win secured, all of us must remain engaged in order to ensure that the USFS does step up to protect the Wild & Scenic Lochsa--Middlefork Clearwater corridor from the kind of industrialization megaload transports would bring.

 
 Recent Articles about case:

   The Mega-Myth About Mega-Loads

  equities.com: If not industrial corridor's demise, something close

  Judge Sides with Conservationists in Mega-Load Case

Megaloads & Highway 12: A 2012 Update

The first half of 2012 has seen positive developments for the safety of Highway 12 and the protection of the Wild and Scenic River Corridors of the Clearwater and Lochsa Rivers. In February, Montana District Judge Ray Dayton ruled in favor of the plaintiffs (Missoula County, et.al) and remanded the issue to MDT stating further environmental review was needed. According to a 2/18/12 Missoulian article, in his decision, Dayton wrote: "Without first determining the scope of the project, i.e. whether the turnouts will be permanent or temporary, MDT could not meaningfully assess impacts associated with the KMTP."... "MDT therefore violated the Montana Environmental Policy Act and its implementing regulations." Judge Dayton also ruled that MDT needs to review Imperial Oil's use of alternative routes to transport reconfigured modules. (Read more) In early March, ruling on dismissal motions, Idaho Federal Judge Winmill upheld most of Idaho Rivers United's suit against the USFS & FHWA. In the ongoing case, IRU is pursuing allegations that the 2 federal agencies should have used their authority under the Wild and Scenic Rivers Act to block state action permitting the transformation of the Wild & Scenic Lochsa-Clearwater U.S. Highway 12 corridor into a megaload truck route. In a 3-10-11 press release, IRU stated it’s reasons for the lawsuit: "The Middle Fork of the Clearwater and its tributary, the Lochsa, were among the first rivers protected under the Wild & Scenic Rivers Act in 1968. Idaho Sen. Frank Church championed the act, which also included among its first designations the Selway and Middle Fork of the Salmon rivers." The Clearwater and Lochsa rivers were singled out for designation because of their scenic, recreational, cultural, historic and other unique values. “These rivers represent the embodiment of what the Wild & Scenic Rivers Act was meant to protect,” said IRU Conservation Director Kevin Lewis. “These rivers anchor cathedral-like forests that inspire awe, reflection and reverence. They are recreational Edens for fishermen, campers, hikers, hunters, bicyclists, history buffs, whitewater kayakers and rafters. “We have a responsibility to protect the Clearwater and Lochsa — the way we see them now and enjoy them now — for our children and for their children. The Forest Service shares that responsibility and should be leading the charge for protection.” (Read more.) Mid-2012 is a good time to reflect on the brief history of Megaloads on Highway 12. Just like the assurance from our Governor’s office that, “the shipper could delay traffic and close a small section of U.S. 12 for up to 15 minutes at a time for each load, and do this no more than two times over the entire route for each load" was false. So too were the statements of Imperial Oil saying that these loads could not be broken down into smaller shipments, or that the modules could only be made in South Korea and that the only shipping route available was Highway 12. We know now for certain that the modules can be broken down, they can be made in Alberta among other places, there are numerous other routes available and the delays from these types of loads are multiple and longer than 15 minutes. Back in late 2009 I’d never heard of the tar sands, the plight of Alberta steelworkers or large scale international trucking companies like Mammomet. All I knew was that the plan to ship loads that big on Highway 12 was more than crazy – it was dangerous. Instead of seeking local input or honestly responding to citizens concerns Exxon/Imperial went on a PR campaign trying to make this an environment vs. jobs issue in order to avoid having an honest discussion about the real costs involved with creating a permanent high and wide corridor through North Central Idaho. There are similar tactics being used right now with the Keystone XL pipeline. Instead of a rational discussion of the pros and cons of having a pipeline of the heavier tar sands oil stretching from Canada to the Gulf of Mexico, a PR campaign was launched identifying Big Oil as "job creators" and pipeline opponents as "job haters"and sticky-taping pipeline construction to lowering gas prices. Is the rush to get the pipeline built really about the handful of American jobs it would create or the billions of dollars Exxon will make if they have a pipeline that goes directly to the Gulf Coast and the International Oil markets? Will the XL guarantee lower gas prices? Some evidence suggests otherwise.... read

Megaload Accidents: Public Safety at Risk - A Year in Review

Likely you've learned of the Imperial/Exxon megaload-and-van crash that occurred Dec. 6th on U.S. Hwy. 95 south of Moscow ID. (KLEWTV article). In response to that crash and other megaload-related incidents, citizens are raising questions of safety. The public has reason for concern because those incidents are adding up:

ConocoPhillips' megaload cliff collision at U.S.12 Milepost 52 and resulting 1-hour highway closure. (article)

Imperial/Exxon's "test module" collision with a large tree branch in Lewiston and its collision with a guy wire at U.S.12 Milepost 46.5 resulting in a 5-hour electrical outage for hundreds of people and 1-hour highway closure. (article)

Nickel Bros. Nov. 1st-2nd unreported megaload's unsuccessful attempt to regain access to Highway 12 from the Kooskia kiosk parking area at Milepost 73.9, which resulted in Nickel Bros.' having to put the load on blocks and repair the damaged dolly transporter.

A Ryash Transport incident on Highway 200 in Montana involving a motorhome whose side mirror was scraped off and whose passengers' safety was compromised by a megaload. (article)

A Nickel Bros. megaload incident on Highway 287 in Montana involving a heart attack victim traveling to the ER who was forced to wait for the megaload (article). (This megaload had first traveled U.S.12 through Idaho.)

Crash #1 on U.S.95 involving an Imperial/Exxon convoy and private driver Frank Bybee, who says the lack of a flagger with a "stop" sign and the presence of bright blinding convoy lights were factors in the accident in which he ran into a car "I couldn't see" that was moving slowly towards the convoy.

Crash #2 on U.S.95 involving an Imperial/Exxon megaload whose driver mistakenly moved forward and crashed into the van of private driver James Irquidez. The van was totaled and Irquidez notes that he was nearly killed. (LMT article & photo, AP article, AP followup article)

Multiple citizen-driver accounts describing confusion caused by the "unsafe" traffic control management procedures of megaload convoys on U.S.12, accounts given in sworn testimony, legal affadavits, and video and monitoring reports admitted into evidence during the contested case hearings, as well as numerous less formal accounts.

On U.S. Highway 12, we are now facing megaload shipments with no ISP escorts. The recent 8 Nickel Bros. shipments traveled sans ISP. The Selway Corp (Stevensville MT to Snoqualmie WA) megaload shipment is scheduled to run tonight with no ISP escorts. The 40-60 proposed Harvest Energy megaload shipments may be being planned minus ISP escorts. With incidents stacking up and actual crashes occurring, citizens are asking why ITD's mandate to first and foremost ensure public safety is not, in turn, mandating ISP escorts for all megaload convoy travel.

The necessity of ISP escorts was a focal point of the contested case hearing regarding Imperial/Exxon's megaload shipments. In his Conclusions, hearing officer Duff McKee confirmed the need to use ISP escorts, and ITD Director Brian Ness adopted those Conclusions as his own in his final order to allow the Imperial/Exxon shipments to go forward.

Of course, there is also the larger looming question: If -- even when accompanied by ISP escorts -- the megaload convoys are causing incidents, some of which endanger lives, can megaload travel on Idaho's highways ever be safe?

Current Events

A lot has happened in the past month related to Megaloads and Highway 12. Imperial/Exxon will not, for the time being, pursue any more permits for megaloads to travel on U.S.12.
Read the storyand watch the video "Toxic Alberta" on Huff Post. Read the story at the Oregonian.

While this is good news for residents & travelers, the fact that Imperial still speaks of wanting in the future to use U.S.12 and that other companies, too, want to turn this route into a permanent high and wide corridor is unsettling. Especially in the face of the numerous risks these types of loads pose to the residents of the local communities they pass through.

Here are a few stories about recent problems with megaloads:
1.) A woman being rushed to the emergency room is delayed by megaloads--Megaloads; The long night, by Alex Sakariassen, Missoula Independent. Augusta residents Lorna and Pete Scott took to Highway 287 shortly after midnight on Oct. 6. Lorna's mother was suffering an apparent heart attack. The family decided to drive her to the Teton Medical Center, in Choteau. But the normally 25-minute drive lasted nearly an hour—due to an oversized industrial shipment..."There was nothing we could do," Lorna says. "We couldn't see a patrol car. We could see nothing but flashing lights, and many of them, in front of us."
... the Scotts discovered it was an oversized load. It belonged to Nickel Bros., a Washington-based company transporting machinery through Montana along the same route proposed for industrial shipment by Exxon Mobil subsidiary Imperial Oil.... Scott says she saw no flaggers...

Her incident was an isolated one, but it does underscore the public safety concerns voiced by megaload detractors over a year ago, when Imperial Oil first announced its Kearl Module Transportation Project. MDT has repeatedly stated that turnouts would be constructed to allow the megaloads to comply with state law, which forbids traffic delays of more than 10 minutes. However, the turnouts were proposed as part of Imperial Oil's beleaguered KMTP and have yet to be constructed between Augusta and Choteau.... Read more.

2.) Injury accident results from confusion over megaload transportation--Two injured in U.S.95 collision, Moscow-Pullman Daily News, 11/10/11Two Idaho men were released from the hospital following a rear-end collision Tuesday night near Viola on U.S. Highway 95 that law enforcement claims occurred when one driver stopped to talk with a flagger awaiting Imperial Oil shipments bound for the Idaho/Montana border.
.... Shawn Dewitt, 36, of Princeton, stopped his vehicle on the highway to investigate flashing lights belonging to a flagger awaiting three shipments of refinery equipment and ask how he should proceed.
Idaho State Police Capt. Lonnie Richardson said Dewitt voluntarily stopped to talk to the flagger around 11 p.m., and had not been requested to do so. Dewitt's vehicle was then struck from behind by a vehicle driven by Frank Bybee, 33, of Desmet...
Subcribers, read more.

If you'd like to see for yourself how confusing these megaload shipments are please watch this video.

One of the major concerns local residents have about megaloads is accidents. Highway 12 is a notoriously dangerous highway with a long history of semi-truck accidents, many causing major spills into the Wild & Scenic Lochsa River. The most recent one took place on Saturday.

Fuel tanker crashes on Highway 12, by Eric Barker, Lewiston Tribune, 11/13/11LOWELL - A multi-agency response team worked to mop up a fuel spill along U.S. Highway 12 and the Lochsa Wild and Scenic River Corridor following a one- vehicle traffic accident Saturday.... about 10 miles east of Wilderness Gateway Campground... No fuel was detected in the river....
... driver Marco D. Williamson of Florence, Mont., failed to negotiate a curve.... drifted left, over corrected and the pup trailer whipped across the snow covered road and hit the guard rail ... before coming to rest on its side in the ... ditch.... [carrying] 2,000 gallons of diesel fuel and 1,700 gallons of gasoline. HazMat workers pumped some... gasoline out of the wrecked trailer .... "We don't know how much diesel is out" ... "We are offloading gasoline so all 1,700 gallons are not on the ground."...
Officials from the Idaho Department of Environmental Quality, U.S. Environmental Protection Agency, Clearwater National Forest, Idaho Transportation Department, Nez Perce Tribe and a private HazMat company were on hand...
The Lochsa River is a blue-ribbon cutthroat trout stream and home to protected bull trout, wild steelhead and chinook salmon...
The highway along Lochsa-Middle Fork Clearwater...has been the location of several large fuel spills. Last year, ...a fuel tanker spilled 7,500 gallons of diesel.... In 2005, a three-vehicle accident spilled 1,600 gallons of diesel... Crashes in 2002 and 2003 each spilled thousands of gallons. In 2003, a tanker crashed and spilled 6,300 gallons.... A year earlier, a tanker crash spilled an estimated 6,000 gallons of diesel directly into the Clearwater River near Syringa. Several downriver communities temporarily halted pumping drinking water from the river until the escaped fuel had dissipated. Subscribers, read more photo taken by Vickie Garcia & Walt Bailey

New Articles & Food for Thought

From today's Lewiston Tribune...
Imperial Oil undecided about Highway 12 route; Recent court ruling in Montana allows shipments, by Elaine Williams
Imperial Oil appears to have no immediate plans to begin using U.S. Highway 12 for megaloads, in spite of recent court decision in Montana that opens the route for shortened shipments that could still take up two lanes of traffic.... Judge Ray Dayton of the District Court in Missoula County ruled the oil company can transport oversized loads from Lolo Pass at the Idaho border on two-lane highways, but only to Missoula, where they would take an interstate highway to Canada, said Dave Ohler, acting legal counsel for the Montana Department of Transportation....
Dayton's ...[ruling] allows use of U.S.12 and U.S.Highway 93 to Missoula since, unlike the Missoula to Canada section, no new turnouts would be needed for Imperial Oil to comply with Montana's rule that limits traffic delays to 10 minutes. Dayton retained the restriction on the part of the proposed two-lane highway route from Missoula to Canada pending another court proceeding scheduled for January, Ohler said....
Still, taking U.S.12 and U.S.93 might have advantages for Imperial Oil. It would allow the cargo bound for a processing plant at the Kearl Oil Sands in Alberta, Canada to bypass Moscow. The extra-big hauls are routinely encountering protests in Moscow...
But Imperial Oil doesn't appear to be rushing to take advantage of Dayton's loosening of the original injunction. As of Wednesday, the transportation departments in Idaho and Montana hadn't received the paperwork they would require before Imperial Oil could be moving loads on U.S.12.
At the same time, the port of Lewiston hadn't been notified of any new arrivals belonging to Imperial Oil. ... Subscribers, read more.

We read the above article with some skepticism. The reporter's explanation of Dayton's ruling isn't precisely correct -- Dayton didn't rule that "the oil company can transport oversized loads...." As we understand it, Dayton ruled that MDT could consider 32-J permits for the reduced-size Imperial/Exxon loads. Also -- as we all have learned -- information coming from Imperial/Exxon spokespeople may not be true. So while the above article pulls out some details regarding the meaning of Dayton's ruling and indicates Imperial/Exxon isn't at the moment hot to hit the road using U.S.12, we are not drawing any firm conclusions.

Now, this food for thought...
Corporations are not people: We hold these truths to be self-evident…by Michael Nagler and Stephanie Van Hook | October 11, 2011, 2:11 pm

When is a Person not a Person?
Psychologists for Social Responsibility (PSR) recently answered this absurd question with the obvious and embarrassing answer: when it’s a corporation. According to PSR's statement, in case anyone is confused, a human being:
is a complex organism with capacities for joy and pain, reflection, and the compassionate appreciation of others. Mature persons are expected to display reasoned judgment, and are personally responsible for their own actions (our emphasis). Human beings live, breath, think, experience emotions, and internalize values such as empathy and caring for others. Like all sentient beings, they suffer, and die.
....Read more

Remember when getting a crane to retrieve a fallen megaload on U.S.12 would be quick & easy? Now we have...CONOCOPHILLIPS & THE "GIANT" CRANE...

Giant crane to install megaload coker drums at Billings refinery; by Tom Lutey, Billings Gazette
BILLINGS - This winter, the tallest thing on the Billings horizon won't be First Interstate Bank. It will be one of the world's largest cranes with a 500-foot boom swinging two large pieces of oil refinery equipment into place.
"It's a Mammoet PTC ringer crane, 1,600-metric-ton capacity," said Brady Hobza, project engineer ... the fourth largest crane in the world." It is a megacrane special ordered to install two, 350-ton coker drums that earlier this year eclipsed two-way traffic on Montana backroads...
... more than 100 semitrailers ... will haul [the crane's] pieces here in a couple months ... Read more

IMPERIAL/EXXON:
Moscow wants reimbursement for megaload policing costs posted by Betsy Russell, Eye on Boise @ the Spokesman-REview, from an Associated Press story, 10/11/11
Moscow (Idaho) officials want a company transporting oil equipment for ExxonMobil to pay $12,800 for police services... from July to September. The city plans to submit weekly reimbursement requests to Mammoet... Read more (On page, scroll down.)

Latest Highway 12 Megaload News

Montana judge okays modifications to megaload injunction but denies dissolving the injunction...
Yesterday afternoon, in the Missoula County vs MDT case, Montana Judge Ray Dayton issued a "Memorandum and Order Granting Imperial Oil's Application to Modify Preliminary Injunction and Denying its Application to Dissolve Preliminary Injunction."
The "modification" allows MDT to review and process 32-J permit applications from Imperial/Exxon to transport modified KMTP loads over Highways 12 and 93 in order to access the interstate system. The "modified KMTP loads" are those that have been reduced in size, such as those currently sitting at the Port of Lewiston.
You may recall that the Missoula County vs MDT case has to do with the environmental reviews related to Imperial/Exxon's construction of turnouts. In his memorandum, the judge notes, "no new turnouts would be constructed or are necessary."
With Idaho poised to issue Hwy. 12 permits, the above is obviously bad news.

Megaload info pages... and "subscriptions"... ITD abandons its responsibility...
Apparently ITD has decided that informing the public about road-blocking megaload transport schedules on Highways 12 or 95 is outside ITD's role. According to the following 10/5/11 press release, ITD has asked Nickel Bros/Weyerhaeuser and Imperial/Exxon to inform the public, and the public has to "subscribe" in order to receive updates.
10/5/2011
Contact: Adam Rush, ITD Public Involvement Coordinator
BOISE – Travel schedules for over legal shipments on U.S. 12, U.S. 95 and Interstate 90 are now available online for ExxonMobil/Mammoet and Weyerhaeuser/Nickel Bros shipments.... The webpages will be updated 24 hours in advance of a shipment by Exxon or Weyerhaeuser....
In the past, such issuance of corporate updates has been erratic at best, seldom timely. The "Privacy Policy" at the Nickel site simply says they won't share your email address, but the Imperial/Exxon site's "Privacy Statement" speaks of their gathering info from your computer, using your personal information to, among other things, "market products and services," and "storing some information on your computer." Typical perhaps, but...

The main point is that ITD, which has often been unsure of when megaload shipments will occur, appears to have entirely abandoned its role in informing its public.

Economy; Lolo Hot Springs feels the heat, by Matthew Frank, Missoula Independent, 10/6/11
The recession has been relatively kind to Montana's tourism industry, though Brent Olson might say otherwise. On Sept. 19, Olson, the owner of Lolo Hot Springs, a year-round resort on Highway 12 between Lolo and the Montana-Idaho border, filed for Chapter 11 bankruptcy protection.
"Our business has dropped off probably about a third of what it used to be," says Olson, a Las Vegas-based real estate investor. ... he doesn't think Imperial Oil's gigantic test module, which has been parked in front of the nearby Lodge at Lolo Hot Springs for about six months, has helped any. The lodge has been compensated for the inconvenience; the resort hasn't.... Read more: http://missoulanews.bigskypress.com/missoula/economy/Content?oid=1503338

Two megaload protesters released on bond after Thursday-night arrest, Lewiston Tribune, 10/7/11
MOSCOW - Two megaload protesters face maximum penalties of one year in jail and $1,000 fines after being arrested and jailed Thursday night on one misdemeanor charge each of obstructing and resisting an officer.
Zachary E. Johnson, 33, and Aaron T. Malgren, 22, both of Moscow, posted $500 bonds early Friday morning and were released from the Latah County Jail...
Both men, according to citations, allegedly rode bicycles on the roadway as three megaloads destined for oil fields in Canada rolled through town. Read more: http://lmtribune.com/article_a07641c2-f102-11e0-afd2-001a4bcf6878.html

Here's the Link

The American 'allergy' to global warming: Why?

http://hosted.ap.org/dynamic/stories/U/US_CLIMATE_THE_DISCONNECT?SITE=AP&SECTION=HOME&TEMPLATE=DEFAULT&CTIME=2011-09-25-00-54-14