Plaintiffs in a lawsuit against the Army Corps and National Marine Fisheries sought to obtain a preliminary injunction of ORC permits pending outcome of the trial.
Plaintiffs allege that defendants acted arbitrarily and capriciously and failed to comply with their statutory obligations under the Administrative Procedures Act (APA) , the Endangered Species Act (ESA) , the Clean water Act (CWA) , and the National Environmental Policy Act (NEPA). [#lJ. Plaintiffs seek: (1) a declaration that the NMFS’ and the Corps’ actions were arbitrary and capricious; (2) an order enjoining, setting aside and remanding the permit; and (3) awarding reasonable attorney fees and costs.
Citing from a study by URS that relies heavily on an earlier 1950s report Hogan writes “Chromium was extracted from the beach terrace Bands in the 1940’s for use during World War II. The “Chrome Plant” at the entrance to Beaver Hill Road near Highway 42, north of Coquille, was said to contain a large centrifuge that separated sand from chrome. … ORC was formed in 1990, to explore these squthern Oregon beach terraces for areas to profitably mine”.
Hogan’s decision denying the preliminary injunction wrongly states that ORC has created 75 full time jobs at its Bunker Hill processing facility. (The ORC attorney made this claim during the hearing). The preliminary injunction would not have affected the ongoing construction of the processing plant. Arguing in favor of these phantom jobs over potentially irreparable environmental damage Hogan says the defendants “…have demonstrated significant hardships that permitee ORC and the local Coos County economy would suffer”.
An email to the Crag Law Center for comment has not yet been answered but I will update when received.
Not a safe ruling if locals end up getting sick from chromite poisoning or if the court finds in favor of the plaintiffs later on. This judge will not look good in either case
No surprise here. A safe ruling. No new law created. Not much that can be challenged to overturn ruling. By ruling otherwise, this judge would have created legal and political nightmares and would have placed the taxpayer at greater risk. The only winner, as expected, is ORC. Playing word games that most business (and too many other agencies) play (including the local port, airport, SCDC, etc.), as defined by Mr. Webster, ORC has in fact “created” 75 full time jobs – a number that appears to increase each time something ORC is doing is challenged. In all likelihood, as an inventor and developer of a clean energy wind turbine that could be manufactured soon; you have “created” more than 1,000 jobs. Of course, those jobs exist on paper and neither of you have filled those positions – and ORC may never do so. GOD willing, you will. Certainly looks good on paper and gets favorable press. Don’t expect the local excuse for a daily paper (except Sundays and holidays that are apparently not “days”) to give this court finding any ink that is other than favorable to ORC.