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 Donald J. Pliner Loafer Flats Size US 6.5 Regular (M, B). 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 Salvatore Ferragamo Brown Textured Suede Leather B Pumps Size US 8.5 Regular (M, B). 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.Diesel Black Silvestr Flats Size US 8.5 Regular (M, B)Naya Red Natasha Platforms Size EU 41 (Approx. US 11) Regular (M, B).
As I’ve written Marc Jacobs Purple By Wedges Size US 10 Regular (M, B), 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. Stuart Weitzman Taupe Mayberry Wedges Size US 8.5 Regular (M, B)Tory Burch Black New Flip Sandals Size US 9 Regular (M, B)They were, instead, put forward to raise the profile of the dispute over Country Road 595. They brought in dark money Converse Metallic Silver Chuck Taylor All Star Ox Sneakers Size US 8 Regular (M, B)Sam Edelman Gold and Black Sandals Size US 9.5 Regular (M, B)and 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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As of this morning, it looks as if the lawyers for Chilean mining magnate Andronico Luksic Craig decided not to renew, or simply neglected to renew, the District of Columbia business license for Tracy DC Real Estate, Inc., the company that owns the Kalorama Triangle mansion rented by Jared Kushner and Ivanka Trump.Caparros Silver Sparkle Metallic Baldwin Formal Shoes Size US 7.5 Regular (M, B)Keen Red Tan Floral Leather Comfort Walking Sneakers Sneakers Size US 7 Regular (M, B) (For some background, see this post.) A search for the license on the District of Columbia’s Department of Consumer and Regulatory Affairs site conducted yesterday at 9:43AM — on the day the license was set to expire — showed that it was “ready to renew.”
Today, the same search yields no records.Silver New York Grand St. Dress Loafers 008 Pewter Grainy Flats Size US 6 Regular (M, B)Tory Burch Gold Reva Flats Size US 9 Regular (M, B).
Update 7 March 2019. One week on, and no license renewal. It is hard to avoid the conclusion that the group behind Tracy DC Real Estate, having gotten what it wanted, or all it’s going to get from this administration, no longer sees any need to keep up appearances, Elie Tahari Black/ Gold Sandals Size EU 40 (Approx. US 10) Regular (M, B)Joan & David Brown Sandals Size US 8 Regular (M, B)or pretend that the rental ever was a legitimate business arrangement. Non-renewal of the business license strongly suggests that the Kalorama mansion should be looked upon as a foreign emolument.
*Update 26 March, 2019. Still no record online of the Tracy DC Real Estate business license renewal, but the property taxes for the first half of 2019 have been paid. And on 20 March, the corporation filed a biennial report with the District of Columbia Department of Consumer and Regulatory Affairs.Vans Black Classic Pro Sneakers Size US 6.5 Regular (M, B)Tahari Black 1234 Boots/Booties Size US 8.5 Regular (M, B) These reports are due by April 1st of each second calendar year. They appears to be keeping up with everything except the business license.
**Update 5 May 2019. This financing activity may have included the Kalorama mansion. Leopatd Tan Aerosol Wedges Size US 8 Regular (M, B)Andre Assous Black Espadrille and Silver Studded Sandals Wedges Size US 10 Regular (M, B)On April 5th, 2018, Rodrigo Swett signed a Deed of Trust for 2.75M on the property at 2449 Tracy Place NW. On the same day, he signed similar instruments for multiple properties in Miami Beach and at least 7 properties in Boston’s Back Bay. That would seem to cover the “three states” (Florida, Massachusetts, and District of Columbia) to which Synder refers in his bio.
Update 9 June 2019. The business license for the mansion was renewed on 31 May, 2019, a full three months after it was allowed to expire.
What accounts for the three month lapse? An oversight by Luksic’s lawyers seems the most likely explanation. Seychelles Black/Mahogany Peep-toe Pumps Size US 10 Regular (M, B)Ivanka Trump Natural Linen with Pink Lavender Yellow Coral and Green Floral Print Carra Pumps Size US 8.5 Regular (M, B)Or maybe, after borrowing against the property in April 2018, the owners planned to change its status, then decided to stay the course.
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