On Tuesday, February 11, 2014, Peo Peo Mox Mox Chief Yellowbird and Headman of the Walla Walla Tribe, Carl Sampson, and Peter Goodman, representing Act On Climate, filed a lawsuit in Marion County Circuit Court, a day after dozens of supporters gathered outside. Their case requests a court review of a permit issued by the Oregon Department of Transportation (ODOT) for Omega Morgan to haul a third tar sands mining equipment megaload on eastern Oregon scenic highways passing through tribal lands.
Their “Petition for Review of Agency Decision” asserts that ODOT failed to meet its legal obligations to determine whether “the public interests will be served” before it granted the permit on Thursday, February 6, 2014. Federal and state laws mandate prior state government consultation with tribal governments, and Oregon statutes require ODOT determination of public interests, before issuing megaload variance permits. The plaintiffs do not believe that ODOT is following state laws restricting such permitting to reflect public interests, unless the department first provides formal opportunities for the public to comment. Continue reading

