The Idaho Supreme Court issued its opinion on the ConocoPhillips - Idaho Transportation Dept. appeal of Judge John Bradbury's August district court decision.
In a 3-to-2 decision, the supreme court found that it -- and the district court -- did not have jurisdiction to revoke the CP permits that ITD had issued.
In rendering its opinion, the court did not address any of the key issues of the lawsuit regarding the CP permits -- such as the 10-minute-delay rule and the regulatory mandate that ITD first and foremost must consider public safety and convenience. So those issues remain open to review.
Here are links to some of the articles about the
Online at the New York Times: http://green.blogs.nytimes.com/2010/11/02/idaho-court-punts-on-oil-shipments/?pagemode=print
http://www.spokesman.com/stories/2010/nov/03/editorial-mega-load-ruling-gives-chance-to-re/
http://www.idahoreporter.com/2010/supreme-court-allows-large-loads-on-highway-12/
http://www.dnews.com/breaking-news/1455/
http://www.spokesman.com/stories/2010/nov/02/high-court-tosses-ban-on-us-12-mega-loads/
http://www.inlander.com/spokane/blog-2131-idaho-high-court-punts-on-megaloads.html
http://www.klewtv.com/news/106485188.html
As you read these articles keep in mind:
- Never before have loads the gargantuan size as these traveled on U.S.12.
The oversize loads now traveling on the highway are single-lane loads
and much smaller in size and weight.
- Including Harvest Energy shipments, the tally so far of shipments the oil
companies hope to launch totals 274 in 2010-'11. By spring, there could
be dozens more knocking on ITD's door, or as the Port of Lewiston put
it "hundreds more."
- In the United States, 65% of new jobs are created by small businesses.
If the people of north central Idaho are to economically survive, the more
than 150 small businesses that comprise the area's single growing
industry - tourism, and that currently provide employment for almost 5000
people, must be protected. As we pull out of the recession, those small
businesses will be the source of most of the area's new jobs ... unless
they are destroyed by Big Oil's turning the scenic byway into an industrial
megaload truck route.
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Adam Rush of the Idaho Transportation Department welcomes all comments/concerns on this,
ReplyDeletePlease don't hesitate to contact me with other questions or concerns.
Sincerely,
Adam Rush
Idaho Transportation Department
Office of Communications
Direct Line: 1-208-334-4444
E-mail Address: Adam.Rush@itd.idaho.gov
Very funny. ITD has never welcomed comments. Last spring when north central Idahoans began sending uninvited comments, ITD set a deadline date to stop those comments. In June, at a public meeting, ITD Dist. 2 Director Jim Carpenter said all questions had been turned over to Imperial Oil ... in other words, ITD did not itself intend to respond to citizen concerns. And in fact, ITD has not responded. Likewise, hundreds of comments have been sent to Governor Otter -- no citizen that we know of -- among hundreds -- has received any response from the governor's office, not even a form letter. Now do you suppose if Big Oil sent a letter to ITD or the governor, that ITD and the Guv would reply? You know they would, and fast. But a reply to citizens ... to taxpayers ... NOPE!
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