Here’s a news item from the AP:  BOISE, Idaho (AP) — A federal court has rejected an appeal from an Idaho man who was convicted of a hate crime for beating a black man outside a Nampa Wal-Mart. In his appeal, Richard C. Armstrong said his sentence was too harsh because he said he wasn’t guilty of selecting a victim on the basis of race. Rather, Armstrong contended, his co-defendant is the person who actually selected their victim. But the 9th U.S. Circuit Court of Appeals panel agreed with a lower court judge who said Armstrong’s argument was absurd. Armstrong was sentenced last fall to 3 years and 10 months in prison for the 2008 attack, based on federal sentencing guidelines that allowed the judge to give additional time because he found Armstrong lied during the trial and the assault had a hate crime motivation. Click below for a full report from AP reporter Rebecca Boone.

Continue reading 9th Circuit court rejects ‘absurd’ Idaho hate crime appeal »

Idaho’s average gas price is now $2.99 per gallon, up four cents in the past three weeks and 31 cents above the national average of $2.68, according to AAA of Idaho. But the AAA is forecasting a 10 percent increase in auto travel over the Labor Day holiday weekend in Idaho and the region, compared to last year, despite the pricier gas. “We do not expect Idaho’s higher gas prices will have any sizable impact on travel intentions, though the final tally may have more to say on that topic,” said Dave Carlson, director of public and government affairs for AAA Idaho.

The group’s daily fuel gauge report showed that Idaho’s average gas price ties for the fifth-most expensive gas in the country, behind only Alaska, $3.51 per gallon; Hawaii, $3.47; California, $3.08; and Washington, $3.06. Idaho tied with Oregon, but Oregon doesn’t have self-serve gas, requiring motorists to let an attendant pump their gas for them.

AAA said Idaho’s average price has been more than 20 cents higher than the national average gas price for the past five months. “Market factors can influence prices from region to region and even locally, but it’s difficult to comprehend what’s driving this year’s high pump prices in Idaho,” Carlson said. Click here to read AAA’s full statement.

Here’s a news item from the Associated Press:  BOISE, Idaho (AP) — The Idaho Republican Party criticized a private fundraiser for Democratic U.S. Rep. Walt Minnick, though the GOP has also barred reporters from events. Idaho Republican leader Norm Semanko says Minnick smuggled in House Majority Leader Steny Hoyer of Maryland for “secret meetings” with supporters — and barred media. In January 2009, reporters were kept out of a GOP fundraiser for newly-appointed Lt. Gov. Brad Little. GOP activists were upset at the time by a news report that the lieutenant governor was taking lobbyists’ cash during the 2009 Legislature — after Little had said lawmakers shouldn’t accept lobbyists’ money until the session ended. The Idaho GOP’s Phil Hardy said Wednesday Hoyer’s visit was problematic because it was kept quiet; Hardy said Little’s 2009 event, while private, was common knowledge. Minnick staffers say Hoyer’s trip was no secret, either.

Here’s a link to my full story at spokesman.com on today’s meeting of Gov. Butch Otter’s transportation funding task force, which voted unanimously to accept a new state-commissioned cost-allocation study showing car owners are overpaying for Idaho roads while heavy trucks underpay, but expressed strong reservations about raising fees for trucks. Here’s Otter’s reaction to today’s task force action:

“The cost allocation study is a helpful starting point, not an end. We have to put its findings in context. The study will help inform policy makers as we determine the need and how to address it. But we also must answer such policy questions as whether to include GARVEE funding, whether to include federal funding or whether to look at state funding alone in determining a path forward under the study.”

And here’s the reaction of Otter’s Democratic challenger, Keith Allred, who’s called for cutting Idaho’s gas tax by 3 cents a gallon and raising truck fees to make up the difference: “Idaho families can’t afford to subsidize the heavy trucking industry in times like these. We need a governor who works for Idaho families, not his political contributors.”

The two Idaho Fish & Game fisheries biologists who were killed in a helicopter crash this morning in Kamiah have been identified as Larry Barrett, 47, of Lewiston, who’s worked for Fish & Game since 1985; and Dani Schiff, 34, of Lewiston, who’s worked for Fish & Game since 1997. “Our hearts and prayers go out to the families and to all employees as we go through this difficult time,” said state Fish & Game Director Cal Groen. Click below to read the department’s full news release.

Continue reading Helicopter crash victims identified »

Here’s a news item from the Associated Press: EMMETT, Idaho (AP) — A 3-year-old child was handling an Emmett Police Department officer’s weapon that discharged and injured three people on Aug. 6. The Idaho Statesman reports the agency has been accused of a cover-up in the incident, so Emmett Police Chief Steve Nebeker is now trying to eliminate some of the rumors. The incident occurred at the residence of Emmett Detective Sgt. Kim Judy. Three people, including the 3-year-old handling the gun, a 2-year-old and Judy’s roommate, Whysper Rowden, were injured. Judy took the three to a hospital, but didn’t immediately report the incident. Nebeker says Judy was probably thinking more about getting to the hospital than calling 9-1-1. The three are recovering. The Ada County prosecutor’s office is now considering possible charges. Nebeker also says there’s an internal investigation.

A subcommittee of Gov. Butch Otter’s transportation funding task force on public transportation has come back to the full panel with recommendations for allowing local-option taxes, including local sales taxes, an expanded resort tax for larger cities or counties, property tax options and impact fees. “The committee didn’t feel there’s dollars available to have some kind of a state-sponsored funding program,” David Bennion, subcommittee chairman, told the full panel. State Sen. Shawn Keough, who served on the subcommittee, said the group decided “our job is to provide a toolbox full of tools and then let the people in that area decide what works for them … through the ballot box.” Lt. Gov. Brad Little praised the subcommittee’s work, saying if the state is going to look at transportation needs for the next 20 years, that look has to include public transportation. The full task force voted unanimously to accept the subcommittee’s report “for consideration at a later time.”

With all the road construction going on around the state right now, don’t worry about it causing traffic tie-ups over the Labor Day holiday weekend - ITD has announced that all its highway construction projects will be suspended for the holiday weekend, excepting only those that don’t affect traffic or those responding to emergencies like flooding. “The contractor, like anybody else, has very little interest in working over the holiday,” said ITD Chief Engineer Tom Cole. “Most would probably take these days off, even if they were not required to keep the road open to travelers.” Click below for ITD’s full announcement.

Continue reading Road work to be suspended for holiday weekend »

The Lewiston Tribune has reported that the third person involved in the crash of a helicopter carrying two Fish & Game biologists and a pilot in Kamiah today has died.

This morning’s helicopter crash in Kamiah involved two Idaho Fish & Game fisheries biologists and a pilot; two people died, and one of the biologists was hospitalized in Orofino. Identification of the victims is being withheld pending notification of the families. Fish & Game reported this afternoon that the crash apparently was caused by a mechanical malfunction; it occurred near the Fish & Game office in Kamiah. The biologists were taking salmon redd counts on the nearby Selway River; the helicopter belongs to a Clarkston, Wash. company that contracts services to Idaho Fish & Game.

Gov. Butch Otter’s transportation funding task force has voted unanimously to accept the state’s new cost-allocation study, which shows that heavy trucks are underpaying for their wear and tear on Idaho’s highways, while owners of cars and light pickups are overpaying. The panel’s acceptance, however, was subject to “further refinement upon receipt of new information” by the Idaho Transportation Department, with several members noting that the study is a model for determining equity - not the answer on which way the state should go. The Idaho Trucking Association has strongly objected to the new study, which it said in a letter to a task force subcommittee is “ignoring the substantial contribution commercial trucks already make to our economy, our employment base and our highway tax structure.”

The AAA of Idaho, on the other hand, welcomed the study as something Idaho “can use … in a positive way to address equity, and also in the bigger issue of how to raise enough money” to fund “our huge underinvestment” in transportation. Said AAA government affairs director Dave Carlson, “I think the public perception is, ‘Why have we been for years tending to the needs of the trucking industry to the exclusion of other highway users?’”

Several task force members expressed misgivings. Rep. Marv Hagedorn, R-Meridian, asked if there’s any way the cost-allocation process can “build in an X factor” for things like economic and cultural concerns, “like in northern Idaho where we have chip trucks and logging trucks that pretty much enable the economy. … If we put those trucks out of business, those communities are going to pretty much go under.” ITD official Doug Benzon responded that it’s a policy decision for lawmakers and the governor as to how to proceed on any changes in fees or taxes; the study, he said, “is looking at pure numbers.”

Task force member Jerry Whitehead, an ITD board member and president of Western Trailers, said, “It looks to me like if we raise things higher than the surrounding states, that’s really going to place a load on the intrastate carriers such as chip haulers, farmers, things like that.” Darrell Manning, also a task force member and chairman of the Idaho Transportation Board, said the board will use the study, along with many other factors as it develops funding proposals. “This is only one of hundreds of tools in a very complex system,” he said. “We’re trying to be fair to all concerned.”

As the governor’s transportation funding task force opened its meeting this morning, one member, Sen. Shawn Keough, R-Sandpoint, took the opportunity to formally disclose a possible conflict of interest. She both made a statement and submitted a written notice, noting, “My private sector employer is the Associated Logging Contractors of Idaho. My employer may be impacted by the work of this committee. I want to formally and publicly disclose this potential conflict of interest and uphold the state Senate rules and my oath of office.”

Lt. Gov. Brad Little, the task force chairman, responded, “We appreciate that, senator - we appreciate all transparency in the governmental process, and that will be duly noted.” Asked about the conflict disclosure during a break in the task force meeting, Keough said, “I’ve always been up-front about mine and mine are on the record.”

Idaho is one of seven states that are suing to overturn the federal health-care reform law, while also claiming subsidies under it for retired state workers. Click below for a full report from the AP in Washington, D.C.

Continue reading Idaho claiming subsidy under law it’s challenging »

Here’s a news item from the Associated Press about the Idaho Correctional Center, the privately operated state prison south of Boise operated by Corrections Corp. of America that’s currently the target of a huge lawsuit over prison violence:  BOISE, Idaho (AP) — Traces of the E. coli bacteria have been found in the water supply at the Idaho Correctional Center south of Boise. ICC says they’re boiling water that will be used for drinking and cooking. So far, there have been no reported illnesses among staff or inmates. No other businesses or homes are supplied with water from the same source.

The Idaho Transportation Department has joined ConocoPhillips in appealing to the Idaho Supreme Court a local judge’s decision to revoke its permits for four huge truckloads of oil refinery equipment to travel winding U.S. Highway 12 from Lewiston to Montana, saying the decision could “end up restricting commerce and limiting business opportunities.”    Meanwhile, the high court granted a motion from ConocoPhillips to expedite the court appeal, rather than take the usual time - averaging 450 days - to hear a civil appeal. However, it set oral arguments for Oct. 1. That’s expedited for a Supreme Court appeal, but it’s not quick enough to allow Conoco to move the four giant shipments before paving starts on the second lane of the Arrow Bridge on Highway 12, as it had hoped.

Because the loads are so wide they’ll take up both lanes of the bridge, that means the earliest they could move - if everything went Conoco’s way - would be late October, when the paving job is scheduled to be completed. The first lane already has been paved; Conoco has been paying the ITD’s contractor to hold off on the second lane while the permits were tied up in court. You can read my full story here at spokesman.com; read ITD’s filings here and see the Supreme Court’s order here.

Here’s a news item from the Associated Press:  BOISE, Idaho (AP) — The Idaho Transportation Department joined an oil refiner in asking the state Supreme Court to overturn a judge’s decision that’s halted shipments of oversized equipment over U.S. Highway 12. ConocoPhillips has already appealed 2nd District Judge John Bradbury’s move to revoke state permits, claiming it will lose up to $9 million and suffer production disruptions at a Montana refinery. In its appeal Monday, the Idaho highway agency argued Bradbury erred on several fronts. Its director, Brian Ness, wants state high court justices to let ConocoPhillips move ahead, contending his agency has taken steps to provide for safe transport of the big gear on U.S. 12. Environmental groups and others oppose ConocoPhillips shipments and more than 200 separate, planned wide-load transports by Exxon Mobile Corp. that are bound for Canada’s oil country.

Meanwhile, in a news release, ITD Director Brian Ness said the department decided to appeal today in part because it felt 2nd District Judge John Bradbury’s decision revoking the ConocoPhillips permits limited the department’s discretion, which could “end up restricting commerce and limiting business opportunities.” He also said he felt the department reached its decision regardless of the fact that ConocoPhillips already had shipped its oversize loads to the Port of Lewiston in May. Click below to read the full ITD news release.

Continue reading ITD joins wide-loads appeal »

Wyoming has no plans to alter its stance on wolf management - classifying the animals as predators that can be shot on sight across most of the state - despite a court ruling that Wyoming’s position means wolves are again on the endangered list and planned wolf hunting seasons are blocked in both Idaho and Montana, the AP reports. “I’m not going to change my position,” Wyoming Gov. Dave Freudenthal told the AP; click below for a full report from AP reporter Ben Neary in Cheyenne.

Continue reading Wyoming won’t change stance on wolves »

The first non-educator to head Idaho’s public school system is running for re-election, and he’s being challenged by one of the state’s most respected educators: the just-retired superintendent of the Boise School District, the state’s second-largest district. The race between state Superintendent of Schools Tom Luna, a Republican businessman, and Stan Olson, the Democratic challenger who calls himself “apolitical,” is raising issues about what Idaho’s schools really need, from politics to professionalism. And it’s coming at a time when schools are struggling with huge and unprecedented spending cuts. Click below to read my full story from Sunday’s Spokesman-Review.

Continue reading Superintendent’s race in the spotlight »

ConocoPhillips says if it can’t get its four huge loads across U.S. Highway 12 from Lewiston into Montana in the coming days, it won’t be able to make needed repairs at its Billings refinery until next summer and will lose $9 million. In a motion to the Idaho Supreme Court to expedite its appeal of a judge’s decision revoking the permits, Conoco argues, “The delay will impose millions of dollars of loss and will disrupt and compromise the production of the Billings refinery - all before the merits of the appeal are addressed.”

The average civil appeal to the Idaho Supreme Court takes 450 days from filing to opinion. An expedited case can move much more quickly, and Conoco argues that the record is complete in its case and the court can take it up right away with only minimal additional briefing. “Preparations have taken years to put into place” for the trucking of two gigantic new 350-ton coker drums from the Port of Lewiston to Billings, Conoco said in its filings, including scheduling the transport around repairs on the Arrow Bridge. Each drum is cut in half, making four giant loads that are so wide they take up both lanes of the two-lane highway and bridge. You can read Conoco’s filings here, which include a copy of the ITD’s Aug. 20 decision to grant the permits. And here’s a link to the plaintiffs’ response to the motion.

CNN’s “Political Ticker” has a piece on Idaho’s 1st District congressional race today, headed, “A rosy outlook for the Tea Party’s favorite Democrat.” Its take: Incumbent Democratic Congressman Walt Minnick, “who defied the odds in 2008 … seems poised to confound expectations yet again.” The report finds Minnick looking strong against GOP challenger Raul Labrador, despite the heavily Republican makeup of the 1st CD, saying, “The Democratic incumbent has GOP roots as solid as his state’s.” But it warns that spending from outside groups could be a wild card in the race. You can read the piece here.

Here’s a news item from the Associated Press:  BOISE, Idaho (AP) — Idaho U.S. Sen. Mike Crapo says his bill to cut taxes for small breweries is gaining support, as evidenced by the addition of 24 co-sponsors. Crapo has joined Democratic Sens. John Kerry of Massachusetts and Ron Wyden of Oregon, as well as Republican Olympia Snowe of Maine, as an original sponsor of this push to halve federal excise taxes for smaller breweries. They contend the break to save small brewers about $3.50 per barrel on their first 60,000 barrels annually will leave them more money to invest in workers and supplies. Crapo, a Republican, will be touting his bill this weekend at the Portneuf Valley Brewing Company in Pocatello, though he won’t be sipping a cold, frothy one: He’s a member of the Mormon church, whose adherents don’t drink alcohol. He will join the Idaho Grain Producers Association to discuss the measure’s benefits to agriculture.

Emmert International, the contractor for ConocoPhillips tasked with hauling the four huge loads of refinery equipment bound for Montana via U.S. Highway 12, still is paying McAlvain Construction, the contractor for the state who’s repaving the Arrow Bridge, to hold off on starting paving on the bridge’s second lane, ITD confirmed today. The oil company had planned to ship its oversize loads, which will take up both lanes of the bridge, in a narrow window between completion of paving of one lane, and the start of paving of the second. That window technically closed Monday, but Emmert has been paying McAlvain since then to “stand down” as it attempts to get permits to move the loads; an appeal now has been filed to the Idaho Supreme Court. If the loads don’t go now, the next time both lanes of the bridge will be open is October.

Jeff Stratten, ITD spokesman, said, “The bridge is scheduled to be completed in late October. The Idaho Transportation Department is not adjusting the completion date. The contractor could make up for the suspension of work by adding or extending shifts and adding additional workers.”

Here’s a news item from the AP:  CASCADE, Idaho (AP) — The Valley County sheriff’s office is ordering an immediate evacuation of some subdivisions near the Tamarack Resort as strong winds fan the flames of the Hurd Creek fire. The sheriff’s office issued a Level 3 evacuation notice Thursday morning for about 100 homes in subdivisions south of the golf and ski resort. Level 3 means residents are being told to leave their homes. Authorities are also telling residents with pricey homes closer to the resort to be ready to clear out on a moment’s notice. So far, the Hurd Creek fire has burned about 550 acres in a mid-section of the mountain. About 700 firefighters are working to contain the blaze ignited Saturday by lightning.

Here is the notice of appeal filed by ConocoPhillips of 2nd District Judge John Bradbury’s ruling revoking its ITD permits to move four giant loads over Highway 12 from Lewiston to Montana, starting immediately. The appeal to the Idaho Supreme Court includes notice that the oil company will file a motion to “expedite,” or speed up, the high court appeal.

In the notice of appeal, ConocoPhillips says the three Highway 12 river canyon residents and business owners who sued don’t really have standing to sue, because “their alleged injuries are speculative, hypothetical, abstract, and are not causally related to the four shipments that are at issue.” The firm also questions the judge’s decision that ITD acted in an an arbitrary and capricious manner in its application of state regulations requiring a “reasonable determination of necessity” before approving such oversize loads; and charged that the court considered some evidence it shouldn’t have and ignored other evidence it should have examined. “ConocoPhillip has a right to appeal to the Idaho Supreme Court, and the Order … is appealable,” the firm wrote in its filing.

Interestingly, the five justices of the Idaho Supreme Court include Justice Roger Burdick, who was elected to another term on the court he’s served on since 2003 in May, turning back a challenge from Bradbury - the district judge in the Highway 12 case. The Missoulian has a full report today on the appeal; click here to read it.

Gov. Butch Otter’s campaign issued this response to Democratic challenger Keith Allred’s comments this morning regarding the state budget and school funding. It’s a statement from Otter:
 “Mike Ferguson’s economic forecast this morning was very positive news for our state.  This is a prime example of how my conservative approach to budgeting set us up for success in the future. Regarding my opponent’s claims, I am about results-based leadership.  Recent reports show our students are outperforming the majority of the nation.  Look at the numbers.  26% of Idaho schools made AYP in 2007 and in 2009, 66% of schools made AYP.  We are leading the way.  As I have stated, once the state’s revenue increases, money for our children’s education would be the first to be restored.  My opponent once again thinks that you can govern on theory when in fact; it takes experience like mine to understand the full budgeting process.”

The campaign added, “Today’s adjustment from Mike Ferguson was another correction to his previous incorrect predictions.  So, if Governor Otter would have listened to our opponent in January and just used Mr. Ferguson’s numbers, we would be more than $140M upside down at this point.  Instead, Governor Otter took the careful and prudent approach to balancing the budget.”

Keith Allred, Democratic candidate for governor, says the latest official state revenue forecasts shows “Otter cut schools unnecessarily,” and said in a news release this morning, “New information about Idaho’s budget once again underscores one point: Idaho school kids shouldn’t have to pay the price for Butch Otter’s botched budget.”

Idaho lawmakers and Otter cut funding for public schools this year by $128 million, 7.5 percent. The latest state revenue forecast suggests the current fiscal year, which began July 1, could end with about $80 million more in state tax revenue that lawmakers predicted; the first month of the fiscal year, July, brought in $4.5 million above the forecast. “Otter made a mistake,” Allred declared. “We could have kept them whole without raising taxes. … We’re crippling our own ability to compete in a future that we knew would eventually look brighter. That’s no way to run a state.” You can read Allred’s full release here.

The Lewiston Tribune reports that ConocoPhillips filed a notice of appeal at 4:30 p.m. on Wednesday at the 2nd District Court office in Grangeville. So far this morning, the Idaho Supreme Court has not received a notice of appeal of 2nd District Judge John Bradbury’s decision revoking ITD permits for Conoco’s proposed four mega-loads of oil refinery equipment to travel U.S. Highway 12 from Lewiston to Montana; the defendants who lost have 42 days from the date of judgment to file an appeal. The Tribune reported, “The oil company filed the appeal based on respondents failure to meet their burden of proof that these shipments would harm them and that the District Court erred in considering certain evidence.

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For the first time in several years, and eight years after the demise of the Boise River Festival, dozens of colorful hot air balloons will fill the sky over Boise the weekend after next, as part of the “Spirit of Boise Balloon Classic.” The event, which celebrates the 100th anniversary of flight in Idaho, will be Sept. 2-5, and will include a “Night Glow” show and concert in Ann Morrison Park from 6 to 10 p.m. on the Saturday evening, Sept. 4th.  Close to 30 hot air balloons are scheduled to participate.

The event is being spearheaded by Peak Broadcasting, and backed by the Idaho Lottery, the state of Idaho, the city of Boise, the Federal Aviation Administration, Lighter Than Air America Inc., KTVB-TV and many others; click here for the full rundown. “This is a family-friendly community event at Ann Morrison Park and attendance is free to the public,” Peak Broadcasting said in a press release. The balloon classic will include 7:15 a.m. balloon launches each day, military aircraft flyovers, balloon flight competitions, and balloon aviation history displays. It’ll also include a candlelight vigil against child abuse in conjunction with the Night Glow concert event.

The mass balloon launches were the hallmark of the Boise River Festival, a huge multi-day festival that included a signature parade and big array of concerts and activities, but that ended after it ran into financial trouble. After the end of the festival in 2002, separate Boise balloon rallies were held each year from 2003 to 2006.

Idaho’s latest state revenue forecast suggests the state’s modest economic recovery should help it finish this fiscal year with $80 million more tax revenue than the 2010 Legislature predicted, the AP reports. Plus, at one month into the fiscal year, the state is about $4.5 million ahead of the latest  revenue projection. Click below for a full report from AP reporter John Miller.

Continue reading New official forecast: $80M more revenue for state budget this fiscal year »

The AP reports today that the Idaho Republican Party has shifted gears and isn’t using one of its “victory” staffers to work to elect Raul Labrador to Congress after all, instead spending most of his time on other state GOP campaigns. Jeff Ward, head of the Kootenai County Reagan Republicans, was hired to work in Coeur d’Alene and head up a push for Labrador against incumbent Congressman Walt Minnick, but state GOP executive director Jonathan Parker told the AP today that he’s now being used as “a traditional Idaho GOP employee.”

Ward is being paid with mostly unregulated donations, or soft money, according to campaign finance reports the Idaho Republican Party filed with the Federal Election Commission last week. Campaign employees who spend more than 25 percent of their time in a given month working on a federal race, such as Labrador’s campaign, have to be paid with political donations that are regulated by law. The state GOP is using such funds to pay Phil Hardy, the other “victory” staffer hired to help Labrador.

Parker told the AP that Ward is working less than 10 hours a week for the Labrador campaign from northern Idaho and does not fall into this category; click below to read a full report from AP reporter Jessie Bonner.

Continue reading Idaho GOP says it’s pulled back on funding campaign help for Labrador »