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Tag : Corps of Engineers

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Posted in: Dike Road Trees
Friday
27th
Apr
2012

Breaking News: Court Rejects Corps of Engineers Arguments in Sacramento Levee Trees Case

Late today, we were forwarded a copy of issued by a U.S. District Court in California denying the Army Corps of Engineers motion to dismiss a case over levee vegetation in Sacramento. The Court rejected each of the Corps of Engineers arguments to dismiss the case outright. Indeed, the order constitutes a complete rejection of the very same arguments which we were expecting in our more »

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2
Posted in: Dike Road Trees
Monday
12th
Mar
2012

[Stuff] The Corps of Engineers Says

This is breaking news, and we are still absorbing the just-received document, but today the U.S. Army Corp of Engineers answered the complaint we filed in federal court to protect the dike road trees. The Corps of Engineers’ Answer to Plaintiff’s Complaint (pdf) is a detailed and formalistic response which will be used primarily to frame the case as it moves to the next phase of more »

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1
Posted in: Dike Road Trees
Tuesday
14th
Feb
2012

Dike Road Trees Petition Gets Non-Reponse From U.S. Army

We just received the lamest of lame responses from the U.S. Army in response to our petitions. Taking cover behind “pending litigation,” U.S. Army Assistant Secretary for Civil Works Jo-Ellen Darcy barely acknowledges our community’s outpouring of support for the dike road trees with a hugely disappointing “I cannot comment further at this time” letter. In its entirety: This is in response to your letter more »

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Removing Dike Road Trees Could Cost $1.6 Million
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Posted in: Dike Road Trees
Tuesday
7th
Feb
2012

Removing Dike Road Trees Could Cost $1.6 Million

Taking a closer look at the impacts of the Corps of Engineers mandate to remove trees from the Rosenberry Drive dike, a local engineering firm was engaged by North Idaho College to review options for the City of Coeur d’Alene. In the review, the firm estimated that the costs of removing trees and roots, and then reconstructing the dike, would cost upwards of $1.6 million. more »

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2
Posted in: Water
Saturday
21st
Jan
2012

Sackett Facts and Circumstances

An opinion piece published in the Spokesman-Review sheds some additional light on the Sackett case pending before the U.S. Supreme Court. As we’ve written before, the Supreme Court is only deciding a procedural point about how and when the Sacketts can challenge an EPA wetlands determination. Even if the Sacketts win their Supreme Court case, they could still lose their challenge when both sides put more »

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Posted in: Dike Road Trees, Forests, Hayden Lake, KEA
Sunday
1st
Jan
2012

Ten Things To Watch in 2012

If there’s one thing we notice in the KEA office, it is that the days on the calendar keep flying at us. Every day is a new challenge.  In the brief respite afforded by a slightly less frantic holiday week, here is a compilation of things we’ll be watching as the new year unfolds. 1. Dike Road Trees — At some point in 2012, we’re more »

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Posted in: blog, KEA
Monday
12th
Dec
2011

Popular and Unpopular Lawsuits

The lawsuit we filed against the U.S. Army Corps of Engineers over the Rosenberry Drive trees has been almost universally well-received. Other than a few crazed online comments from the anonymously insane, we’ve received nothing but well-wishing for our effort. Even the Coeur d’Alene Press — no fan of environmental litigation — came out in favor of our lawsuit. Despite what some people might think, more »

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3
Posted in: blog, Dike Road Trees, KEA
Wednesday
7th
Dec
2011

KEA Files Lawsuit To Protect Dike Road Trees

Today, Kootenai Environmental Alliance filed a lawsuit in federal court challenging the U.S. Army Corps of Engineers mandate to remove the trees along the Rosenberry Drive (“The Dike Road”) in Coeur d’Alene.  The lawsuit alleges that the Corps failed to perform an adequate environmental analysis, and that the Corps is attempting to enforce a memorandum that isn’t actually a law. The Gonzaga University School of more »

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1
Posted in: blog, Land Use, Water
Sunday
4th
Dec
2011

Constitutional Analysis of Wetland Cases .. for Dummies

Here’s the thing to remember. We live in the United States of America. We are a nation of laws. We have a Constitution that gives Congress the authority to pass laws under enumerated powers. One of those powers is provided by the Constitution’s commerce clause. Congress passed the Clean Water Act. The Supreme Court has affirmed that, within commerce clause limits, the Clean Water Act is more »

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Posted in: blog, Dike Road Trees, KEA
Tuesday
29th
Nov
2011

Rep. Labrador’s Office to Deliver Dike Road Trees Petition

With the generous assistance of our local Congressman, the dike road tree petitions are on their way to Washington DC. This morning, Adrienne and I delivered the stack of signatures to Rep. Raul Labrador’s Coeur d’Alene office. The Congerssman’s staff says they will take it from here. Our petition is directed at Hon. Jo-Ellen Darcy, the U.S. Army Assistant Secretary for Civil Works, whose office more »

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