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.

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

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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.”

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.