A public agency’s effort to cut a road through the Michigan wilderness for a Canadian mining company has suffered yet another legal setback.
This morning, the Supreme Court published the list of orders from its March 1 conference. The court has denied the petition for certiorari in Marquette County Road Commission v. EPA, the dispute over County Road 595 I’ve been Tod's Men's Brown Black Suede Oxford Shoes UK8/US9 RTL$595. This denial means, simply, that the Supreme Court declines to review the case, without further comment, and the decision by the Sixth Circuit Court of Appeals stands.
The Road Commission’s case turned on the question whether objections by the EPA to the proposal for CR 595 constituted “final agency action.” If so, they would be reviewable by a court. In arguments before the Sixth Circuit, the Pacific Legal Foundation’s Mark Miller insisted that EPA’s objections to the Road Commission’s proposal were tantamount to a “veto,” but his repeated use of that word ended up confusing the judges, and their Grandprix Originals Racing Leather Sneaker Black & Orange. The Road Commission, they reminded him, could always have simply gone back to the Army Corps of Engineers with an amended proposal that took the EPA’s objections into account.5 TOD'S Penny Drivers sz 10.5UK/11.5US-Italy Loafer Driving Shoes CITY LOAFERDior HOMME CD leather hi top sneakers 41.5US.
As I’ve written adidas x Kith K Nemeziz 17+ Ultraboost black - mens 10.5, Miller made a lot of other arguments before the Sixth Circuit (and the in pages of the Wall Street Journal) that suggest this case was about more than building a haul road from Eagle Mine to Humboldt Mill. Like others advocating for CR 595, he tried to suggest that the Environmental Protection Agency was in cahoots with environmental groups, and part of an anti-mining conspiracy. These arguments were never intended to go anywhere legally. Donald J Pliner Men's Herb-ZK Slip-On Red Loafers ShoesAuthentic Philipp Plein Men Shoes, Moccasin, Dark Brown Leather, Size US 9They were, instead, put forward to raise the profile of the dispute over Country Road 595. They brought in dark money Salvatore Ferragamo Mens Brown Leather Gancini Buckle Driving Shoes Size 11.5 Dvisvim FTB Moccasin Leather Sneakers ivory - mens 8and support from outside groups. They divided people. They helped advance a larger political project.
After a long and fruitless detour through the court system, the Road Commission has come to a legal dead end. But the Road Commission and its allies, within and without Marquette County, still have options. Lundin Mining’s development of Eagle East has extended the life of the mine to 2023 — “at least,” the company says. There is nothing to prevent the Road Commission from revising its proposal, and trying again. The question remains whether doing so would serve the broad public interest, or simply advance the short-term interests of the mining company.
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