Request for Amended Notice of Appeal Filing Extension in Response to Proposed Case Dismissal

Featured


On Tuesday, August 7, Wild Idaho Rising Tide (WIRT) filed pro se (without attorney representation again) a request for an extension of at least 14 days to file an amended notice of appeal of the Idaho Department of Lands’ (IDL) June 21 final order approving an encroachment permit for Burlington Northern Santa Fe Railway’s (BNSF) Sandpoint Junction Connector application to build two temporary work spans and two permanent railroad bridges in Lake Pend Oreille and Sand Creek.  The extension request also covers filing a petition for judicial review by the Idaho First District Court in Bonner County, of the entire, almost 1000-page, public record culminating in the state permit decision, based on the preliminary and final orders of Idaho Board of Land Commissioners hearing officer Chris Bromley and IDL director David Groeschl, the lawsuit defendants.

As one of 21 testifiers who spoke against the BNSF expansion project, besides ten who supported it, at the IDL/Idaho Land Board, administrative hearings on May 23, 2018, in Ponderay and Sandpoint, Helen Yost filed the original notice of appeal and request for judicial review, and posted a $500 bond on behalf of WIRT on July 20, within 30 days of Director Groeschl’s final order, as prompted by its concluding legal notification.  Four additional testifiers opposing rail bridge construction have since expressed interest in tentatively joining the appeal as plaintiffs.

But in a July 25 notice of proposed case dismissal and an order striking the notice of appeal on technical grounds, District Judge Barbara Buchanan addresses “several problems with this notice of appeal.”  She explains that the document “does not contain all of the information required by…Idaho Rule of Civil Procedure 84,” including more precise statements about state agency action titles, dates, records, hearings, oral presentations, and transcripts and appeal notification of defendants.  Thus, “it is not clear exactly which decision…that this Court is being asked to review.”  Judge Buchanan also indicates that, “under Idaho law, ‘a business entity … must be represented by a licensed attorney before an administrative body or a judicial body,’” and that any court documents from gratefully unincorporated, activist collective WIRT “must be filed by an attorney authorized to practice law in Idaho.”

While “diligently searching for the assistance and legal services of an attorney” within our Northwest network, to “obtain obviously required counsel for this matter,” WIRT hand-delivered the extension request within the 14 days provided to respond to Judge Buchanan’s notice of proposed case dismissal and order striking the notice of appeal.  Noting that “preparation of the detailed, amended appeal will require substantial time among [an attorney’s] current caseload and other court deadlines, especially considering the complex and technical nature of some of the record documents,…we acknowledge and plan to remedy the problems resulting from pro se filing of the initial notice of appeal.”  Voicing appreciation and respect for attorneys’ “knowledge of Idaho legal proceedings, relevant laws, and court document drafting requirements,” we confirm that “an extension of time granted by the District Court…would offer opportunities to share information with legal counsel and to clarify…which proceedings, hearings, and decisions we are asking the Court to review.”

Advertisements

Kalispel Canoe Journey, Sandpoint Festival Spotlight, #No2ndBridge Appeal Participation

Featured


Second Annual Remember the Water Canoe Journey

The River Warrior Society, Kalispel tribal members, and regional canoe families are hosting the Remember the Water canoe journey again this summer, paddling traditional, wooden canoes 71 miles on Pend Oreille Lake and River, from the Hope peninsula, Idaho, to the Kalispel village north of Usk, Washington [1-3].  Tentatively meeting on Tuesday, July 31, at Sam Owen Campground near Hope, participants will discuss water, wind, and wave temperature and speed and other conditions on the lake.  The journey will put-in at Denton Slough on Wednesday, August 1, after prayers and smudging the canoes at 8 am.  Approximately nine miles into their first, 20-mile day, paddlers will stop for a lunch break at Trestle Creek.

The journey plans to land at City Beach Park in Sandpoint at 3 pm or later on Wednesday afternoon, August 1, although its timing is difficult, having never previously covered this stretch of Lake Pend Oreille.  The canoeists welcome everyone and groups like Lake Pend Oreille Waterkeeper and Wild Idaho Rising Tide (WIRT) to greet their arrival and take-out, among possible song and prayer.  Please join us for this significant event, and for canoe smudging, prayers, send-off, and re-launch from the City Beach boat ramps, at 8 am on Thursday, August 2.

Indigenous and accompanying paddlers will continue downriver 21 miles, from Sandpoint to the next, Thursday night layover on Kalispel tribal lands, at the Carey Creek Game Management Area off Dufort Road, near Priest River, Idaho.  The voyage has also scheduled a Friday, August 3, lunch break in the Newport, Washington area, next to the Rotary Park boat launch by the river bridge, in Oldtown, Idaho.  The 17-mile, Friday paddle concludes at Downs Island, just upriver of Indian Island, near the Sandy Shores boat launch.

On Saturday, August 4, after breakfast, canoe smudges, and prayer at 8 am, the canoe journey will travel 14 miles from Downs Island, breaking at the Usk boat launch under the bridge, and reaching the Kalispel village boat launch and yearly Kalispel Tribe Pow Wow.  The destination offers buffalo burgers, camping, and Wellness Center showers.

WIRT activists are grateful for the Remember the Water canoe journey, as we resist reckless railroad coal pollution, potential oil spills, and proposed bridge construction in the life-giving waters of Lake Pend Oreille.  Please contact River Warrior Society organizer Nathan Piengkham at npiengkham@kalispeltribe.com, for finalized event itineraries.

Spotlight Messaging at the Festival at Sandpoint

As the sun sets over Sandpoint, Idaho, between 8 and 9 pm on Friday, August 3, Occupy comrades from Spokane, Washington, will graciously offer a brief, light projection display of social and climate justice messages on tall structures around the Festival at Sandpoint.  Meet in or near Lakeview Park, wherever you see this light show, for discussions among curious passersby, about #No2ndBridge and Northwest coal and oil train and terminal issues.

#No2ndBridge State Permit Appeal Participation

Unwilling to miss the Friday, July 20, deadline for challenging a state permit, Wild Idaho Rising Tide (WIRT) filed pro se (without attorney representation) a notice of appeal in Idaho’s First District Court, of the Idaho Department of Lands (IDL) encroachment permit granted to Burlington Northern Santa Fe Railway (BNSF) for its proposed rail bridge and track expansion across Lake Pend Oreille and Sandpoint, the “Sandpoint Junction Connector” project [4-9].

The 12-page appeal calls for a judicial review of the permit’s issuance and public record, considering the Lake Protection Act and other state and federal laws.  It argues that the project jeopardizes water resources, air quality, wildlife habitat, indigenous rights, health and safety, navigation, tourism, and recreation, and would increase noise, pollution, and potential accidents and derailments of fossil fuels and hazardous materials trains.  The petition also states that the project would increase chemical pollution of Idaho’s largest, deepest lake, the drinking water source for over 10,000 people in the Sandpoint and north Idaho area. Continue reading

Activists Appeal State Permit for Lake Railroad Expansion

Featured


On July 20, 2018, Wild Idaho Rising Tide (WIRT) filed a notice of appeal of the preliminary and final orders approving Burlington Northern Santa Fe Railway’s (BNSF) application for an encroachment permit for its proposed Sandpoint Junction Connector Project.  David Groeschl, acting director of the Idaho Department of Lands (IDL) in Boise, granted the five-year encroachment permit on June 21, 2018.  BNSF plans to construct 2.2 miles of doubled tracks, two temporary, work spans, and three permanent, parallel bridges adjacent to the existing rail route across Lake Pend Oreille, Sand Creek, Bridge Street, and downtown Sandpoint, Idaho.

As aggrieved parties who spoke at two public, administrative hearings held before hearing officer/coordinator Chris Bromley for the Idaho Board of Land Commissioners, on May 23, 2018, in Ponderay and Sandpoint, Idaho, WIRT activists filed the 11-page appeal in the First Judicial District Court of Idaho in Bonner County.  Prompted by the legal notification concluding the final order, the climate activist collective requested rigorous reviews and analyses by the district court “of the entire record, proceedings, findings of fact, conclusions of law, preliminary order, and final order of this application, [hearing] case, and permit,” including approximately 1,100 written comments and dozens of oral testimonies.  WIRT invites other hearing participants harmed by this permit decision to join the appeal, as “plaintiffs, testifiers, witnesses, and amicus partners” calling for “appropriate revision, denial, and/or revocation of the negligent and culpable, BNSF Sandpoint Junction Connector Project application and permit.”

The appeal challenges several errors of the final order, most notably its failures to uphold the state Lake Protection Act and Rules for the Regulation of Beds, Waters, and Airspace over Navigable Lakes.  Both mandate regulators to “give due consideration and weigh…the protection of property, navigation, fish and wildlife habitat, aquatic life, recreation, aesthetic beauty, and water quality” against the economic necessity, justification, or benefit derived from any proposed encroachment on, in, or above navigable lake beds or waters.  Although “public health, interest, safety, and welfare require” this balance, WIRT activists argue that Idaho officials inadequately examined and compared these “lake values” with project outcomes, discussing environmental concerns offered by individuals and agencies in only two of 42 pages of their permit decision.

The plaintiffs question the legality of sidestepping these stricter state regulations, in deference to an antiquated, U.S., railroad land grant law and hundreds of pro-project, BNSF, form letters from out-of-state commenters.  The 1864 act gives railroad companies unusual power to retain exclusive possession and “complete dominion” over their 400-foot-wide, privately owned route “adjacent to and crossing Lake Pend Oreille,” since before 1890 statehood.  IDL director Groeschl asserts that his final order must only “recognize BNSF’s right to utilize the right-of-way for construction of a railroad bridge and associated fill,” thus dismissing his obligations to the environmental and economic wellbeing and public trust of the Idaho Panhandle community, in preference for the railroad pursuit of profit.

In their lawsuit, WIRT activists also cite examples of BNSF application errors and admitted project impacts to an endangered species and other public interests.  Accordingly, they dispute BNSF encroachment permit approval prior to any application modifications or amendments required by IDL, and before the Idaho Department of Environmental Quality (IDEQ) issues, waives, or denies Clean Water Act-mandated, final, water quality certification and associated restrictions on BNSF plans.  The appeal filers ask the Bonner County District Court “to defer to pending, state and federal, public participation processes and agency decisions resulting from environmental reviews, assessments, and/or impact statements and studies of this project that still requires…dredge, fill, and wetland impact approval from the U.S. Army Corps of Engineers, and bridge permits from the lead, federal agency, the U.S. Coast Guard.” Continue reading

Climate Justice Forum: Railroad Bridge Permit Appeal, Court Repeal of Forced Oil & Gas Leases, Sandpoint Corn Train Spill, Lochsa River Crane Accident, Waste Well Regulation Transfer, Boise Fracking Jobs 8-15-18


The Wednesday, August 15, 2018 Climate Justice Forum radio program, produced by regional, climate activist collective Wild Idaho Rising Tide, features news and reflections on an appeal of an Idaho permit for Lake Pend Oreille railroad expansion, a Sandpoint corn train spill, a Highway 12 crane accident along the Lochsa River, transfer of oil and gas waste injection well regulation from Idaho to federal agencies, an employment ad for Boise frackers, a federal court decision blocking forced oil and gas leases of Idaho home owners, and other topics.  Broadcast for six years on progressive, volunteer, community station KRFP Radio Free Moscow, every Wednesday between 1:30 and 3 pm Pacific time, on-air at 90.3 FM and online, the show describes continent-wide resistance to fossil fuel projects, the root causes of climate change, thanks to the generous, anonymous listener who adopted program host Helen Yost as her KRFP DJ.

Climate Justice Forum: Noam Chomsky on Trump, Climate Change, & Nuclear Weapons, Bayou Bridge Pipeline Resistance, Appeal of Lake Pend Oreille Railroad Expansion, Tribal Canoe Journey Honoring Water, Train Rides for Idaho Officials, Montana Rail Bridge Wreck, Iowa Derailment-Oiled Debris in Landfill, Idaho Waste Injection Well Regulation Transfer, Pipeline Lawsuit Against Activists 8-8-18


The Wednesday, August 8, 2018 Climate Justice Forum radio program, produced by regional, climate activist collective Wild Idaho Rising Tide, features a Noam Chomsky interview about Trump administration policies, climate change, nuclear weapons, and human survival, and a video about Bayou Bridge pipeline resistance.  We also share news and reflections on an appeal of an Idaho agency permit for Lake Pend Oreille railroad expansion, a Kalispel tribe water-honoring canoe journey, train rides cajoling Idaho officials and emergency responders, a Montana rail bridge derailment, landfill deposits of oiled vegetation from an Iowa train wreck, transfer of oil and gas waste injection well regulation from Idaho to federal agencies, and a pipeline company lawsuit against direct activists.  Broadcast for six years on progressive, volunteer, community station KRFP Radio Free Moscow, every Wednesday between 1:30 and 3 pm Pacific time, on-air at 90.3 FM and online, the show describes continent-wide resistance to fossil fuel projects, the root causes of climate change, thanks to the generous, anonymous listener who adopted program host Helen Yost as her KRFP DJ.

Climate Justice Forum: Payette Oil & Gas Meeting, Waste Injection Well Regulation Transfer, Newport Silicon Smelter Scoping, Lake Railroad Expansion Permit Appeal, Kalispel Canoe Journey, Canada Tar Sands Megaload Highway 8-1-18


The Wednesday, August 1, 2018 Climate Justice Forum radio program, produced by regional, climate activist collective Wild Idaho Rising Tide, features news and reflections on a Payette County oil and gas meeting, transfer of oil and gas waste injection well regulation from Idaho to federal agencies, opening of the Newport silicon smelter permitting process, an appeal of a state permit for Lake Pend Oreille railroad expansion, a Kalispel water-honoring canoe journey, and a Trans-Canada highway for tar sands megaloads.  Broadcast for six years on progressive, volunteer, community station KRFP Radio Free Moscow, every Wednesday between 1:30 and 3 pm Pacific time, on-air at 90.3 FM and online, the show describes continent-wide resistance to fossil fuel projects, the root causes of climate change, thanks to the generous, anonymous listener who adopted program host Helen Yost as her KRFP DJ.

Climate Justice Forum: Sandra Steingraber on Fossil Fuel Impacts & Resistance, Idaho Oil & Gas Forced Pooling Hearing, Boise Fracking Jobs, Kalispel Canoe Journey for Water, Appeal of Idaho Permit for Lake Railroad Construction, Washington Oil Industry Expansion 7-25-18


The Wednesday, July 25, 2018 Climate Justice Forum radio program, produced by regional, climate activist collective Wild Idaho Rising Tide, features an interview with Sandra Steingraber, an upstate New York, anti-fossil fuels activist, ecologist, writer, and internationally recognized researcher on the environmental links to cancer.  We also share news and reflections on a federal hearing on Idaho forced pooling of private, oil and gas owners, an employment ad for Boise fracking jobs, the second Remember the Water canoe journey by Kalispel tribal members, an appeal of a state permit for Lake Pend Oreille railroad construction, and Washington, oil industry expansion.  Broadcast for six years on progressive, volunteer, community station KRFP Radio Free Moscow, every Wednesday between 1:30 and 3 pm Pacific time, on-air at 90.3 FM and online, the show describes continent-wide resistance to fossil fuel projects, the root causes of climate change, thanks to the generous, anonymous listener who adopted program host Helen Yost as her KRFP DJ.

Climate Justice Forum: Worldwide Renewable Energy, Idaho Activist Events, Oil Train Hazards, Defense Bill Limiting Public Input, Multi-Pipeline Construction Protests, Lakeside Gas Storage Rejection, Valve Turners’ Prison Release & Necessity Defense Trial 7-18-18


The Wednesday, July 18, 2018 Climate Justice Forum radio program, produced by regional, climate activist collective Wild Idaho Rising Tide, features news and reflections on renewable energy around the world, activist events across Idaho this week, deadly oil train hazards, a defense bill limiting public input on mining and drilling projects, indigenous and allied protests of Bayou Bridge, Keystone XL, and Trans Mountain pipeline construction, New York state agency rejection of a lakeside, propane storage facility, and tar sands valve turners’ release from prison and climate necessity defense trial.  Broadcast for six years on progressive, volunteer, community station KRFP Radio Free Moscow, every Wednesday between 1:30 and 3 pm Pacific time, on-air at 90.3 FM and online, the show describes continent-wide resistance to fossil fuel projects, the root causes of climate change, thanks to the generous, anonymous listener who adopted program host Helen Yost as her KRFP DJ.

Events Across Idaho This Week (July 18 to 21)


Wednesday, July 18, 7 pm, Sandpoint

WIRT & #No2ndBridge Meeting & Petition

Since two public hearings in Ponderay and Sandpoint on May 23, and two Second Lake Rail Bridge Discussions in Moscow and Sandpoint during June 2018, the Idaho Department of Lands (IDL) issued a final order on Thursday, June 21, approving Burlington Northern Santa Fe (BNSF) Railway’s encroachment permit application for its proposed Sandpoint Junction Connector project [1]. As explained in WIRT’s initial, draft analysis of the decision, IDL has deferred to antiquated, railroad land grant laws and 1000-plus pro-second bridge, BNSF, form letters [2].  Still requiring Clean Water Act water quality certification from the Idaho Department of Environmental Quality, dredge and fill approval from the U.S. Army Corps of Engineers, and bridge permits from the lead, federal agency, the U.S. Coast Guard, BNSF plans to build two miles of doubled tracks, two temporary, work spans, and three permanent, parallel bridges west of existing rail infrastructure across Lake Pend Oreille, Sand Creek, Bridge Street, and downtown Sandpoint.

Grassroots, #No2ndBridge, and Wild Idaho Rising Tide (WIRT) activists are concerned about this near-conclusion of the state permitting process, and believe that our community should protect Lake Pend Oreille from this Northwest fossil fuels pipeline-on-wheels expansion, by resisting every advance of this proposal. Its construction could drill 1000 piles into train-spewed, lakebed, coal and other deposits in BNSF’s private right-of-way, releasing more pollution into regional, lake and aquifer, drinking water.  North Idaho groups and governments with greater capacity and non-profit status to litigate will probably not challenge dismissal by IDL and other state agencies of myriad, local concerns over significant, project impacts.  But we intend to dispute this permit through both conservative, Idaho courts and creative, frontline resistance, and are searching for attorney assistance around the IDL permit appeal filing deadline of Friday, July 20 [3].

Please participate in the third-Wednesday, monthly, WIRT, and #No2ndBridge meeting at 7 pm on Wednesday, July 18, at the Gardenia Center, 400 Church Street in Sandpoint. Event hosts invite everyone to bring and share snacks, refreshments, donations, and suggestions and referrals to lawyers who practice in Idaho and could advise or represent us before and after filing pro se in Bonner County district court.  We also ask that you print and circulate the accompanying, double-sided, informal #No2ndBridge Petition, and return it, filled with signatures, to WIRT at public events and farmers market outreach tables in Sandpoint and Moscow, on Saturdays throughout the season, where we hope to talk with you and provide printed material about this critical situation.

Visit the WIRT facebook and website pages for further, issue, and event updates and contact information for state and federal agencies reviewing BNSF applications and deliberating permit decisions. Request that local, state, and federal, elected, appointed, and agency officials conduct rigorous reviews and analyses of this north Idaho, railroad ‘funnel’ expansion, including federal, environmental impact studies and statements, and denounce, deny, and revoke all permits for this negligent and culpable project. Continue reading

Climate Justice Forum: Idaho Oil Train & Lake Bridge Opposition, Railroad Barge Mussels, Eagle Oil & Gas Ordinance, Great Falls Trump Protest, Aerial Oil Tanker Blockade, Farmer Resistance to Keystone Pipeline 7-11-18


The Wednesday, July 11, 2018 Climate Justice Forum radio program, produced by regional, climate activist collective Wild Idaho Rising Tide, features news and reflections on Stop Oil Trains in Idaho workshops, demonstrations, and outreach, Lake Pend Oreille rail bridge opposition, invasive mussels on railroad maintenance barges, an Eagle community-protective, oil and gas ordinance, protests at Donald Trump’s Great Falls rally, an aerial blockade of Trans Mountain oil tanker traffic, and South Dakota farmer resistance to the Keystone pipeline.  Broadcast for six years on progressive, volunteer, community station KRFP Radio Free Moscow, every Wednesday between 1:30 and 3 pm Pacific time, on-air at 90.3 FM and online, the show describes continent-wide resistance to fossil fuel projects, the root causes of climate change, thanks to the generous, anonymous listener who adopted program host Helen Yost as her KRFP DJ.