Tag : environmental law

Sackett Lawyers are NOT Happy With KEA Blog

Well, it seems we’ve touched a nerve over at the Sacramento-based Pacific Legal Foundation. They are NOT pleased with our recent blog posting about the Priest Lake wetland case. Pacific Legal Foundation represents the Sacketts in their procedural fight with the EPA. Of course, the “PLF Liberty Blog” doesn’t really take issue with our analysis. Mostly they are critical of our lack of outrage over more »

What The Priest Lake Wetland Case Is Actually About

If you only read what is coming out of congressional offices and only watched Fox News, you’d certainly think that local heroes Mike and Chantelle Sackett from Priest Lake are about to go to the Supreme Court and bring down the whole EPA.  Finally, they say, the overreaching federal agency and their wetland tyranny will be shut down once and for all. Instead, at most, more »

My Private Property Rights. And Yours.

Idaho’s tradition of fierce protection of private property rights is well known and well established. The State of Idaho has legislated layers and layers of protection for the wide majority of Idahoans who particularly value the rights that accompany the ownership of land. However, as the Supreme Court has repeatedly upheld – property rights are not absolute. The right to own property is not the more »

Kootenai County Codewriting Begins

With a whirlwind week of committee meetings, focus groups, and “Citizen Congress” town hall gatherings, Kootenai County is finally getting on with the business of re-writing its out-dated land use laws. The initial meetings this week will set the stage for an 18-month process in which the laws that govern everything development-related in the county — from subdivisions to signage, from hearing procedures to shoreline more »

Congress’s Dirty Water Act

We meant to get back to our brief mention of potential Congressional action to destroy the Clean Water Act. The cynically named “Clean Water Cooperative Federalism Act,” HB 2018, turns the long-standing successful structure of the Clean Water Act on its head, stripping EPA oversight over water quality programs in the states. The Clean Water Act has been a prime example of “cooperative federalism” common more »

What We’re Reading: Wolf Weekend Edition

Idaho and Montana wolves have had a pretty tough week. First, the wolf-panicked Idaho legislature authorized the Governor to take “disaster emergency” actions.  Then, the wolves were a subject of one of the few “policy riders” to survive the government shutdown budget brinksmanship. And on Saturday, even though it may not matter anymore, Judge Malloy in Montana tossed the proposed settlement of the continuing litigation more »

County Commissioners Moving Swiftly on Zoning and Development Code Overhaul

Understanding that the job is difficult, but also extremely important, the Kootenai County Commissioners are wasting no time getting on with the business of re-writing zoning and development regulations. On Friday and Saturday, we were pleased to be invited to participate in an interview process for the consultant team to be hired to rewrite the land use laws in the County. The Commissioners signaled that more »

What We’re Reading – Wolf Settlement Edition

In a move that may, or may not, resolve the federal lawsuit over the delisting of wolves from Endangered Species Act protections, 10 of the 14 conservation and wildlife organizations that filed the lawsuit have agreed to a tentative settlement. Also, the tentative agreement may, or may not, cause Congress to reconsider efforts to delist wolves legislatively. The agreement would be subject to approval by more »

Another Legal Battlefront for Megaloads

We received notice today that our colleagues at Idaho Rivers United have filed a lawsuit in federal court in Boise claiming that the U.S. Forest Service violated the Wild and Scenic Rivers Act by allowing Idaho’s Department of Transportation to issue permits for transporting megaloads up the Lochsa / Clearwater corridor. The lawsuit claims that the Forest Service simply abdicated their authority and responsibility to more »

Megaloads Monitored, and Mini-Megaloads

For readers following the Highway 12 megaload issue, we thought we’d pass along a summary we received recently from the neighbors on the ground. The first two of ConocoPhillips megaloads traveling from Lewiston to Billings have made it through Idaho and are now traveling through Montana. (According to the most recent report, one load has reached Lolo, and one is “stuck” on the side of more »