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solemanon Dec 21, 2016 5:31pm
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RE:RE:RE:The location
RE:RE:RE:The locationIs this the same road? Looks like they lost in court already?
THE MINING JOURNAL
December 21, 2016
MARQUETTE — A U.S. District Court judge last week denied the Marquette County Road Commission’s motion for reconsideration in its legal battle against the U.S. Environmental Protection Agency regarding the construction of County Road 595.
According to court documents, the order denying reconsideration was filed Wednesday by Judge Robert Holmes Bell after a motion hearing Dec. 12.
“We knew it was a possibility,” said Jim Iwanicki, Marquette County Road Commission engineer-manager. “The legal counsel was hopeful that the judge would reconsider and thought it went very positive … but it didn’t work out for us.”
On May 18, Bell issued an opinion dismissing the county’s case on the grounds that the road commission failed to state a claim against the EPA.
The road commission in June requested Bell reconsider his decision to dismiss the case, citing the May 31 U.S. Supreme Court ruling on the U.S. Army Corps of Engineers vs. Hawkes Company case.
Save the Wild U.P., a local environmental group that has a long history of voicing its opposition of the proposed road, said Bell’s decision to deny the motion for reconsideration was reassuring.
“It’s really good news to us, our organization,” said Alexandra Maxwell, SWUP director. “We feel that it is too dangerous to really vital watersheds and wetlands found in the area between Eagle Mine and the Humboldt Mill, and I think this decision continues to show support of the Army Corps of Engineers and the Environmental Protection Agency and U.S. Fish and Wildlife (Service) that said this area was just too beautiful to ruin. I’m really grateful that Judge Bell is sticking to his decision.”
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