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900 W. Main St.,
PO Box 690 Grangeville, ID 83530
Phone: 208.983.1200 |
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| Appeals on Bradbury decision halt US 12 shipments |
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| Oct. 1 hearing set befor Idaho Supreme Court |
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By ICFP editor - David Rauzi
A District Court decision to revoke permits for oversize load shipments along U.S. Highway 12 will be up for appeal before the Idaho Supreme Court next month.
ConocoPhillips and the Idaho Transportation Department are seeking an expedited hearing before the court, set for Oct. 1, to overturn District Judge John Bradbury's Aug. 24 decision that stopped four shipments planned for Aug. 25-29 of coke drums from the Port of Lewiston along U.S. 12 to the Montana border.
ConocoPhillips contracted Emmert International to deliver the drums, which would be between 110 to 225 feet long, 27 to 29 feet wide and 27 to 29 feet high, and weigh between 636,200 to 646,204 pounds. A civil suit filed earlier this month sought an injunction on these shipments and also those tentatively planned later this November of 200 oversized equipment shipments to Canada by Exxon-Mobil. Plaintiffs alleged shipments exceeded allowable limits under state law, and that they threaten the public's safety and economic well being.
In his Aug. 24 decision, Judge Bradbury stated he found substantial evidence that ITD honored its duty to protect and preserve U.S. 12, which included four traffic studies, extensive discussion and requirement of a $10 million bond for damages. However, "the same cannot be said about the public's safety or convenience," he wrote. This involved no plans for private vehicles involved with emergent medical situations to contact Emmert or Idaho State Police to arrange access to local hospitals, or on contingencies to deal with a breakdown or accident during drum transport that could shut down the highway for days or even weeks. No evidence reflects the U.S. 12 corridor was the only viable option for transport, Bradbury said, and that the permits allowed for traffic delays of up to 15 minutes when ITD regulations require at least 10 minutes.
Citizens were left to their own devices, Bradbury wrote, and there was no requirement Conoco or Emmert should submit to the jurisdiction of Idaho courts to answer for damages.
"There is no substantial evidence that the department dealt with the most serious safety risks to the people who live along the Highway 12 corridor," Bradbury wrote.
In ITD's appeal filed Monday, Aug. 30, the department raised four main points refuting Bradbury's contentions.
One was existing rules do allow for discretion by ITD to issue permits that in certain circumstances allow traffic delays to exceed 10 minutes. Two was whether ITD adequately considered if it was necessary to transport loads on U.S. 12 through Idaho rather than through other states.
"The department's responsibility is to review the necessity of moving a large load on a requested Idaho highway, not to identify, review and judge all possible worldwide routes," said ITD Director Brian W. Ness, in a press release.
The third point was Judge Bradbury believed that ConocoPhillips moving the loads to Lewiston prior to permit issuance demonstrated the department had already made a decision about transporting them on U.S. 12. Ness stated that was a "calculated business risk" on ConocoPhillips' part, and that decision did not factor into the permit process, which continued up until the time the court ordered them to stop.
Lastly, ITD noted consideration was given about private vehicles in emergent medical situations. Permits required submission and approval of a traffic plan, and in response to public comments, ITD asked it specifically address both public and private emergency vehicles.
"We have taken the steps we believe are necessary to provide for the safe transport of equipment on U.S. 12 without compromising the highways and bridges and with minimal impact on the traveling public," Ness wrote.
Suit in this case against ITD was filed by the Boise-based environmental law firm Advocates for the West on behalf of Kooskia residents Linwood Laughy and Borg Hendrickson, along with Peter Grubb, co-owner of the River Dance Lodge in Syringa, as well as an outfitting business, ROW Adventures. Plaintiffs allege traffic delays caused by the shipments would exceed legally allowable limits under state law; that by issuing the permits, ITD will violate its responsibility under law; that they will experience personal and economic harm; and that the shipments threaten the safety and well-being of area residents and visitors.
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