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A state hearing officer has ruled in favor of granting permits to ConocoPhillips to transport its four proposed megaloads of oil refinery equipment across U.S. Highway 12 in north-central Idaho, denying the appeal of 13 residents and business owners along the twisting, scenic route who objected. The recommendation and findings from hearing officer Merlyn Clark now go to ITD Director Brian Ness. ITD spokesman Jeff Stratten said Ness will consider the recommendations, and no schedule has been set for him to issue his decision. “Ness thanks Clark for his time and diligence in reviewing the case,” Stratten said in an email.
Linwood Laughy and Borg Hendrickson, the lead intervenors, said in a statement, “The 13 intervenors are, of course, disappointed and are evaluating their next steps. This ruling only affects the 4 coke drum shipments of ConocoPhillips. The intervenors earlier submitted to ITD a request to intervene in the contested case regarding Imperial Oil's proposed 207 tar sands module shipments.”
You can read Clark's full ruling and findings here, and click below to read a full report from AP reporter John Miller.
Hearing officer: ITD should issue megaload permits
By JOHN MILLER, Associated Press
BOISE, Idaho (AP) — A hearing officer recommended Tuesday that the Idaho Transportation Department issue four permits to allow ConocoPhillips to ship oversized oil-refinery equipment from Idaho to Montana.
In his 57-page recommendation, Boise attorney Merlyn Clark said evidence shows the four loads can be transported safely and with minimum inconvenience to the general public along northcentral Idaho's U.S. Highway 12, which parallels the Lochsa and Clearwater rivers.
He said foes of the shipments provided no “reliable evidence” that the loads would damage tourism, hurt the highway's scenic values or hamper businesses in the mountainous region, as they had argued at hearings this month.
“The evidence … clearly establishes that ITD performed its duties and exercised its discretion in processing the application,” Clark wrote. “ITD should issue the overlegal permits to allow (ConocoPhillips) to transport four oversize loads of equipment from Lewiston, Idaho to the Montana border over U.S. Highway 12.”
Clark's recommended order won't become final until it's acted on by the transportation department.
Transportation Department director Brian Ness said he'll take the recommendation under advisement.
“There is no schedule for Ness' decision,” said Jeff Stratten, a spokesman for the agency.
ConocoPhillips said in a statement that it was pleased with Clark's recommendation, saying it shows the oil company and state have a comprehensive plan to ship the big coke drums.
“We will soon put our plan into action, and we look forward to delivering the equipment to Billings safely so we can complete our important refinery maintenance plan,” said Steve Steach, manager of ConocoPhillips' Billings Refinery, where the coke drums are bound.
Industry and farm groups banking on the shipments to inject millions into Idaho's and Montana's economy also cheered the recommendation.
“Highway 12 should remain open for commerce and the loads should be allowed to move immediately,” said Frank Priestley, president of the Idaho Farm Bureau Federation.
Meanwhile, environmentalists and residents who object to the shipments said they were “disappointed and are evaluating their next steps.” They have until mid-January to lodge an appeal.
They've argued the huge loads, which will travel at very slow speeds along a route near where explorers Lewis and Clark traveled in the early 19th century, present a threat to tourism, public safety and convenience and could harm the pristine rivers along the proposed route.
They said the decision issued by Clark on Tuesday doesn't cover separate plans of Imperial Oil, a unit of Exxon Mobil Corp., to truck more than 200 loads of oil equipment from Lewiston, Idaho to the tar sands of northern Alberta, Canada along U.S. 12.
Other companies are planning additional shipments of equipment to Canada, too, as exploitation of the oil-rich tar sands accelerates.
“The impacts of the 207 shipments, night after night for nearly a year, are a whole other story, as are the many more shipments likely to follow,” said Linwood Laughy, in a statement. “We do intend to continue our role of keeping people informed of the issues involved with the megaloads.”
Copyright 2010 The Associated Press.
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Kamiah_Ken on December 28 at 8:12 p.m.
Well, It’s about time some common sense came into play on this issue… Bravo! Merlyn on a job well done!
Kamiah_Ken on December 28 at 8:23 p.m.
It’s a sad state of affairs when American industry and American workers have to go to this extent to fend off a couple of goof balls on a “mission” just to get job done in our own country, ESPECIALLY when they have NO IDEA what they are trying to do, except perform a public disruption of common sense.
straighttalk on December 28 at 8:34 p.m.
Ken, and what about Idaho citizens, Idaho businesses and Idaho’s environment; does it take a back seat to out of state and foreign business interests. I think not.
You might want to become better informed — there are 13 plaintiffs, many of them long time residents since the mid 1940s and a couple even born in the area. They are educated, concerned citizens exercising their rights in behalf of all the 5,000 citizens estimated to be affected by these mega loads and also in behalf of the 3500 petitioners opposing the mega loads along with another 700 to 800 e mails opposing the mega loads — all testified to by ITD at the administrative hearing.
Check the district court, supreme court, and administrative hearing documents and record — open your mind to factual and verified information; not pie in the sky PR rhetoric which is continually proving to be quite shallow.
Kamiah_Ken on December 28 at 8:48 p.m.
I am sure our citizens, businesses and environment will be damaged beyond repair by driving a few large trucks down an Idaho State Highway… give me a break.
demsgovernbest on December 28 at 11:41 p.m.
What a miserable way to end the year.
This fiasco only benefits the Oil companies. Idaho will not see any profits from this. By the time this destruction is over, our state will be trashed and we will be in the hole monetarily.
The trucks aren’t from Idaho, the drivers aren’t from Idaho, the flaggers aren’t from Idaho. Only the damages will be Idaho’s.
If this was a good idea, Governor Otter and the boys would have been bragging about the Great Project during every campaign stop. The agreement to give the go ahead and not say anything to the Locals proves they wanted to force it through.
straighttalk on December 29 at 2:39 p.m.
BTW, thanks, Betsy, for once again continuing to keep us well informed on a neutral basis. The hyperlink to Clark’s 57 page ruling certainly was most informative in some of the little tidbits and pointed out how misinformation through selective PR rhetoric was pie in the sky info.