10-27-2015, 03:26 AM
quote:
Originally posted by TomK
The TMT has permission to start construction any day they want. The current lawsuit appeal doesn't affect that. If the final decision is to refer things back to the BLNR then yes, the permission to start construction will be delayed, but that hasn't happened yet and there's no indication when that decision will be made despite one or two posters thinking it'll be in a few days.
There is three options for the court; uphold the permit, invalidate the permit, or refer it back to the BLNR for further consideration. The latter two outcomes are precisely why its wise for the TMT not to resume construction.
They would be responsible for restoring the impacted area to its original condition if their permitting is invalidated.
The "refer back to BLNR" option will likely kill the project too, as the first go around took over 2 years to complete, which included a lengthy contested case hearing. In addition, any final decision by the BLNR can be judicially appealed.

