As we head into the weekend, we wanted to let you know that on Thursday October 10, 2013 Federal Judge B. Lynn Winmill denied the Petition(s) to Reconsider filed by Resources Conservation Company International (General Electric) and the Forest Service. Therefore, the injunction against further Omega Morgan megaloads traveling US 12 is still in place. Resources Conservation Company International and the Forest Service may decide to appeal to the US Ninth Circuit of Appeals.
In Judge Winmill’s denial of both motions, he reiterated that:
- The Forest Service has a specific duty/obligation to consult with the Nez Perce Tribe prior to megaload shipments.
- The Forest Service has a specific duty/obligation to complete a corridor study prior to megaload shipments.
- The Forest Service has the authority and tools (regulations) to close down Highway 12, specifically between mile-marker 74-174.
- RCCI took a risk when barging (2) megaloads to the Port of Wilma, therefore, equities tip against them, not in favor of them, regardless of the potential loss of $5 million.
- Staying the injunction (lifting it) will cause irreparable harm to the plaintiffs, as previously ruled in Federal Judge Winmill’s decision on September 13, 2013.
If you are hitting the highway this weekend, enjoy the open road!
Brett & Gary