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.