Idaho: Morris v. US Army Corps of Engineers

[JimDandy]

As I understand it, you're right. I may be wrong, but the gist I got when they discussed this earlier, federal court + Federal Agency = Nationwide. Federal Law + State agency = only under the jurisdiction of that court. So Peruta being a State agency, is only as far as the 9th touches. ACE being federal is nation wide. At least that's how I understand it.

[rwilson452]

I thank you sir.

[Al Norris]

Pursuant to the courts order granting a joint motion for briefing, the ACE has filed its MSJ, on Monday the 19th of May. The Plaintiffs will respond by the 12th of June.

In its MSJ, the ACE characterizes it's regulation as a lawful act as proprietor of the controlled lands. They then spend much of the brief establishing ACE lands as a "sensitive place," ala Heller. Here, they are trying to get the judge to reconsider his decision that the lands are not sensitive.

Finally, in a calculated move, the ACE tries to convince the court that should they fail in all other aspects, the only permanent relief that should be granted, should apply only to the two plaintiffs, and not the general population.

[Cnon]

Pursuant to the courts order granting a joint motion for briefing, the ACE has filed its MSJ, on Monday the 19th of May. The Plaintiffs will respond by the 12th of June.

In its MSJ, the ACE characterizes it's regulation as a lawful act as proprietor of the controlled lands. They then spend much of the brief establishing ACE lands as a "sensitive place," ala Heller. Here, they are trying to get the judge to reconsider his decision that the lands are not sensitive.

Finally, in a calculated move, the ACE tries to convince the court that should they fail in all other aspects, the only permanent relief that should be granted, should apply only to the two plaintiffs, and not the general population.

Thanks for the update; just curious, do you have a link for the above information?


Cnon

[Al Norris]

It's case #85 in the Big List. Linked to that case, is the internet archive of the case docket. The important briefings are all available for your own browsing pleasure. I or another person has already paid to have these documents publicly available, for free.

[s3779m]

Thanks for the updates. Is this anywhere close to being finished?

[Cnon]

It's case #85 in the Big List. Linked to that case, is the internet archive of the case docket. The important briefings are all available for your own browsing pleasure. I or another person has already paid to have these documents publicly available, for free.

Thanks, Al; there's so many cases on that link, blink and you'd miss the one in which you're interested.



Cnon

[Al Norris]

Originally Posted by s3779m

Thanks for the updates. Is this anywhere close to being finished?

As fast as this Judge has moved, it may be done by the end of summer. The loser will then appeal to the 9th Circuit.

[Cnon]

As fast as this Judge has moved, it may be done by the end of summer. The loser will then appeal to the 9th Circuit.

If this goes all the way to the U.S. Supreme Court, they will likely say, not of those cases again............


Cnon

[ChuckS]

Have the plaintiffs responded to the MSJ?

[Unlicensed Dremel]

This is excellent news and excellent work by this gent and his lawyers. Sounds like we are likely to win this one.

[Al Norris]

As of yet, there has been no further filings in this case.

[Cnon]

But according to that case's link, a Motion Hearing is set for 8/27 at 2 P.M in the Coeur d Alene - District Courtroom.



Cnon