WWP wins yet again: Judge says BLM Broke the Law

[JoseCuervo]

Yet another victory from our friends at WWP as they continue to make the west a better place to hunt and fish.

Judge: BLM broke environmental law

Stone quarry could be transferred in Simpson's wilderness bill


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By GREG STAHL
Express Staff Writer


Ending a yearlong dispute, U.S. District Judge B. Lynn Winmill ruled Friday that the Bureau of Land Management violated federal law when it failed to conduct proper environmental reviews and, after the fact, allowed a Clayton-based flagstone quarry to expand.

In September 2004, Hailey-based Western Watersheds Project, which owns 432 acres adjacent to the Three Rivers Stone Quarry, filed a suit challenging the Bureau of Land Management's environmental assessment, the quarry's impacts to the Salmon River corridor and to the agency's failure to allow public input on the assessment.

"The quarry lies in an environmentally sensitive area, where scenic values are given high priority," Winmill wrote. "The mining requires large pits on an exposed ridge. The quarry's size has increased to the point where it is no longer feasible to fully reclaim the site, and the reclamation that is required is not clearly defined.

"Expanding the quarry to 166 acres on an exposed ridge for 40 years without clear reclamation requirements in an area where scenic values are protected raises substantial questions as to whether that expansion will have a 'significant' effect on the environment."

The Three Rivers Stone Quarry, owned by L&W Stone, is the largest flagstone quarry in the United States. It is located near the confluence of the East Fork of the Salmon River and the Salmon River.

Winmill's decision noted that the L&W Stone Corp. took over the quarry's operations in 1996 and by 2002 had quadrupled its size. At expansion levels, it violated the existing plan of operations.

An environmental assessment was written for the quarry in 1992. Operations were limited to about 16 acres, but it was since expanded to more than 40 acres. This year, another environmental assessment was approved by the BLM that encompassed the current level of operations and allowed further expansion.

According to Advocates for the West attorney Judi Brawer, who represented Western Watersheds in the case, the result of the case reiterates that the public must be included in managing public lands.

The BLM "cannot simply rubber stamp a mining plan without protecting the irreplaceable public resources that will be permanently destroyed by the stone quarry's expansion," Brawer said.

Further complicating the matter, however, Rep. Mike Simpson, R-Idaho, is considering conveying part or all of the mine property to Custer County as part of his Central Idaho Economic Development and Recreation Act. The congressman's draft legislation is designed to boost the economy of Custer County and designate wilderness in the White Cloud and Boulder mountains.

In an interview several weeks ago, Lindsay Slater, Simpson's chief of staff, said the conveyance would not preclude applicable environmental regulations and standards.

Assuming identical laws governing mine operations, it is unclear how the transfer of ownership from federal government to local government would affect mine operations.

Regardless, 25 full-time employees currently depend on the mine for paychecks, and local jobs in economically beleaguered Custer County are certainly an underlying issue in the case and in Simpson's proposal.

Custer County is on the cusp of the past and present. Public lands dominate the rural county, and for decades jobs have come from mining, timber harvesting, ranching and other federal-land-dependant extractive industries.

In the face of increasing environmental regulation, as well as stiff competition in global mining and timber markets, Custer County is experiencing an increasingly stagnant economy.

 

[Ithaca 37]

I'm sure all the SI posters can appreciate having WWP watchdogging the federal government on behalf of all taxpayers and, especially, hunters and fishermen, RIGHT?

I sure do. They are tremendously successful . Thanks again, Jon Marvel! Without you the laws wouldn't be enforced!

 

[Nemont]

It probably makes Jon Marvel giddy to know he is causing more econmic hardship to people who mine, run cattle or farm.

Nemont

 

[Nemont]

Ithaca,

It sure is funny that you are all for the enforcement of laws only when it helps your views.

Nemont

 

[Ithaca 37]

Nemont, You should send more $ to Jon. He's doing a great job. Know anyone else forcing the BLM to obey the law?

"It probably makes Jon Marvel giddy to know he is causing more econmic hardship to people who mine, run cattle or farm."

Maybe it just makes him happy to see the law enforced. Would you rather see the law ignored?

 

[Nemont]

IT,
I think it has nothing to do with the law. Jon just gets much more enjoyment inflicting economic hardship and personal destruction upon those he deems unfit to live in the west. You know ranchers, farmers, private land owners etc. anyone who can't afford to hire him to build their latest faux taco bell in Sun Valley.

Nemont

 

[1_pointer]

IT- Would you feel the same about Mr Marvel if you knew he is trying to stop a project that would increase the number of sagegrouse?

 

[Ithaca 37]

1 pointer, "IT- Would you feel the same about Mr Marvel if you knew he is trying to stop a project that would increase the number of sagegrouse?"

I have to stay consistent. So, yes, I guess I would. I've lobbied to have laws changed that were not fair or were not effectively doing what they were enacted to do.

Nemont, The welfare ranchers declared all out war on Marvel long ago. He's beating them at their own game . The welfare ranchers have twisted the laws for many years for their personal benefit at the expense of schoolchildren and taxpayers. I'm cheering for Marvel. After all, he's still the underdog.

 

[Nemont]

IT,

It is good to know you enjoy people suffering economic harm from ole Jon.

Nemont

 

[JoseCuervo]

Nemont,

What businesses should NOT suffer economic hardship when they or the regulating agency turn a blind eye to the law???

 

[Nemont]

Jose,

It is a rock quarry on 166 acres. The only reason WWP doesn't like it is because it is near their Greenfire "Ranch". I know they would hate to have all those people from Boston and San Fran come out and, god forbid, see a quarry. It is much better to end the jobs of 25 people in an already economic depressed area. That way ole Jon can bring in his clients and they won't have to see the local riff-raff making a little dust.

It didn't say the Rock Quarry broke the law but that the BLM didn't require a reclamation plan. So you and Ithaca can cheer on Marvel and his band of Snobs who detest anyone who works and doesn't derive their income from a trust fund. I choose to see the WWP for what it is.

Nemont

 

[BigHornRam]

Look at the bright side Nemont. Some of those 25 guys might be able to get a job waiting on a table for the Kerry's and Marvel's of Sun Valley. Maybe a couple could train as a massage therapist. Some could help them get on and off the ski lift. Some could do landscape maintanence. Some could go work for the gubberment and sit in a lookout tower all summer. Lot's of opportunity out there.

 

[Michaelr]

It why isn't nemont on your ignore list?
I thought everybody who disagrees with you goes on the list?

Oh I almost forgot, you can't ignore him

 

[Ithaca 37]

Mike, Wrong again. Nemont actually has a brain and uses it. I never tried putting him on "Ignore". He writes some real good posts. You, on the other hand, are an idiot. Unfortunately, you somehow got to be a moderator of some forum, I guess, so you can't be put on "Ignore". Must be the joke forum. I usually skip over your posts, though.

 

[Michaelr]

I think the same of you..
Only on top of idiot, your an arogant bankity blank with no sense of humor.
You know 99% of the stuff I have posted that was directed at you was in jest and meant to be taken that way

 

[Ithaca 37]

This is one of the things I love about SI! Some feeble minded simpleton telling me, " your an arogant bankity blank"!!!

Mike, It's "you're an arrogant blankity blank...".

 

[BuzzH]

I see, if you dont agree with mikey, then you're arrogant.

If you want to enhance wildlife habitat and protect the environment so we can have animals to hunt, clean water to drink, and clean air to breath..you're an arrogant "bankity blank".

For Christ sake...

 

[Michaelr]

fuzz,
where in that exchange did you get......
If you want to enhance wildlife habitat and protect the environment so we can have animals to hunt, clean water to drink, and clean air to breath..you're an arrogant "blankity blank".
for Christs sake|oo |oo

 

[BuzzH]

Mikey,

When you've done as much to help hunters and wildlife as Ithaca...come back and we'll talk.

 

[Michaelr]

ok, lets talk.
did you call Ms. cleo to find out what I have done?
do you have spidey senses?
You are one amazing SOB.