court case appeal ???, page-2

Firstly they're not greenies, just a retired local group of people that live within a 5 mile radius of the (tenement area, not the processing plant) taking two govt departments to court not IDM.

But anyway, to your question.

The plaintiff's filed an objection in the first week of february to the 9th Circuit Court in San Francisco against Federal Judge Hogan's ruling. No date has been set.

Some of you will be thinking that the court will open its diary and work out a date, not so. A panel (committee) on behalf of the 9th Circuit look at each case and determine whether there is merit in the plaintiff's argument, so not to waste the court's time. The panel look at whether Federal Judge Hogan erred in his judgement, but no matter what the result from the 9th Circuit is, it's referred back to Judge Hogan and he can then decide whether to have another hearing or not (think about carefully).

Now, I have read his ruling and he has broken each part of their argument down into pieces and comprehensively addressed each part.

Let me just extract a section of his judgement"

"where an agency action involves high levels of technical expertise, this court's only task is to determine whether the agency has considered the relevant factors and articulated a rational connection between the facts found and the choices made"

...and his final statement.

"I therefore find that plaintiffs have not demonstrated that issuing their requested injunction would be in the public interest or that defendants have not adequately addressed the public's environmental concerns related to the proposed private mining operation on Weyerhaeuser timberlands."

...that's after breaking down their argument for 25 pages.

Just remember that this group has appealed at every level of this project and pretty much delayed it by two years. They have never won an argument yet, but they are now resorting to overturning a federal judge's decision in the highest court on the west coast? but what is their argument that hasnt already been discussed?

So as a shareholder, think about this carefully:

Would IDM be employing the 70 staff it requires in 3 weeks if they thought this was an issue?

I hope this info helps.

Regards
Pep

P.S. If you have something to add that is outside H.C. guidelines, please email it to me.