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Re: NCJ reports eviromental groups, and county of marin joining in lawsuit against NCRA
Author: Little Lake Listener
Date: 11-28-2007 - 22:46
Well, Miss Bitsko, I submit you may have followed Alice through the wrong “Looking Glass.” In addition to being totally unfounded, your comments sound -- well -- presumptive and arrogant. To apply what seems to be a favorite phrase of yours in other forums, “Boy, were you wrong.”
First, unless you have first-hand knowledge that the Marinites have already purchased the best justice money can buy, the NCRA is entitled to the same presumption of innocence until proved guilty. That’s why it’s called a “trial,” which won’t be held until December 11th.
Second, while it is true there were instances of really, really bad judgment by some individual employees with respect to environmental laws during the period NCRA operated the railroad for themselves, those instances were rare and there is no evidence whatsoever to support your implied notion that the agency’s policy was to disregard the law or that the NCRA and its operating lessees have willfully, wantonly and with reckless disregard for the environment polluted the Eel River. There is no definitive evidence that the actions of the NCRA and/or it lessees have caused harm to the Eel River or any of its tributaries.
Third, your characterization of railroad investors as “robber barons” is totally opaque and borders – from the far side – on the ludicrous. Any lawful endeavor that makes money can serve a valuable and important public purpose. What evidence do you have, of any kind whatsoever, that any private-sector lessee-operator has ever violated any law, regulation, standard, code, order or rule to the detriment of the ”public?” Who is getting robbed of what? Where’s your Jay Gould?
Fourth, you refer to caring about the “interlocking economic relationships between the Island Mtn quarry operation and the freight operator.” So, what’s your point? If you had really been studying this website, you would know there is a long-standing, on-going and rollicking debate about the viability of the NWP. No private sector investor is going to sink tens of millions of dollars in the NWP unless there is an opportunity for profit. Of course Evergreen Natural Resources is backing NWP, Inc. – that’s the only way their Trinity County quarry rights will ever be worth more than the price of a cup of coffee. Word on the street in Sacramento is that the NCRA will never get another dime of State money. So, all investment north of Willits will have to come from private sources and the private sector is not going to invest any money just for grins; there has to be a suitable reward.
None of which has any bearing whatsoever on the viability of the railroad south of Willits. The railroad south of Willits is separate and distinct from the railroad in the Eel River Canyon north of Willits. Not only is the geology different, the South End economy, railroad operating characteristics, and weather are all distinct from the North. The South End viability will depend upon the garbage move, aggregate developments, and resurrection of remaining historic shippers.
There is no coincidence whatsoever connected to, or arising from, Skip Berg’s involvement in NWP, Inc. His participation is deliberate, calculated and cautious. Hauling rock by rail from either Island Mountain or Mendocino County to his proposed rail-water transfer terminal at Port Sonoma is the essence of his business plan. He is putting up the money and wants to make sure that the carrier is able to meet his needs. Skip is tough, smart and experienced enough to see how the system can be applied to meet his needs. That is the American way of being successful in business. Your comments seem crafted to lead the reader to infer some nefarious purpose from Skip Berg’s participation in the railroad. Bull! If you are looking for some Socialist alternative, then you need to go elsewhere.
The alleged adverse environmental impacts of a quarry at Island Mountain are wholly false and misleading. In order for any quarry operator to get both a Use Permit from Trinity County and a SMARA permit from the State, there has to be an operating plan in place that assures the public there will be no pollution. Those processes require a full-blown EIR for a project of this size. Additionally, at Island Mountain, the proposed quarry site will be situated well back from the Eel River, out of sight from the river, and visible only from the railroad or the air. Moreover, the hand-wringing over possible quarry pollution rings disingenuous in the absence of any outcries regarding the toxic chemicals presently leaching into the Eel River from the Island Mountain Copper Mine on Dean Whittier’s Lone Pine Ranch.
The real message would seem to be that Marinites will stoop to any level of disassembly, and use any devious stratagem or chicanery, they believe will help them impose their will on the rest of the State and the Nation.
Oh, one last thought: the federal Interstate Commerce Act (49 USC 10502, et seq.) preempts all other local, state and federal laws, including environmental laws, except for selected public safety statutes. A Federal Court may ultimately enjoin application of CEQA.
First, unless you have first-hand knowledge that the Marinites have already purchased the best justice money can buy, the NCRA is entitled to the same presumption of innocence until proved guilty. That’s why it’s called a “trial,” which won’t be held until December 11th.
Second, while it is true there were instances of really, really bad judgment by some individual employees with respect to environmental laws during the period NCRA operated the railroad for themselves, those instances were rare and there is no evidence whatsoever to support your implied notion that the agency’s policy was to disregard the law or that the NCRA and its operating lessees have willfully, wantonly and with reckless disregard for the environment polluted the Eel River. There is no definitive evidence that the actions of the NCRA and/or it lessees have caused harm to the Eel River or any of its tributaries.
Third, your characterization of railroad investors as “robber barons” is totally opaque and borders – from the far side – on the ludicrous. Any lawful endeavor that makes money can serve a valuable and important public purpose. What evidence do you have, of any kind whatsoever, that any private-sector lessee-operator has ever violated any law, regulation, standard, code, order or rule to the detriment of the ”public?” Who is getting robbed of what? Where’s your Jay Gould?
Fourth, you refer to caring about the “interlocking economic relationships between the Island Mtn quarry operation and the freight operator.” So, what’s your point? If you had really been studying this website, you would know there is a long-standing, on-going and rollicking debate about the viability of the NWP. No private sector investor is going to sink tens of millions of dollars in the NWP unless there is an opportunity for profit. Of course Evergreen Natural Resources is backing NWP, Inc. – that’s the only way their Trinity County quarry rights will ever be worth more than the price of a cup of coffee. Word on the street in Sacramento is that the NCRA will never get another dime of State money. So, all investment north of Willits will have to come from private sources and the private sector is not going to invest any money just for grins; there has to be a suitable reward.
None of which has any bearing whatsoever on the viability of the railroad south of Willits. The railroad south of Willits is separate and distinct from the railroad in the Eel River Canyon north of Willits. Not only is the geology different, the South End economy, railroad operating characteristics, and weather are all distinct from the North. The South End viability will depend upon the garbage move, aggregate developments, and resurrection of remaining historic shippers.
There is no coincidence whatsoever connected to, or arising from, Skip Berg’s involvement in NWP, Inc. His participation is deliberate, calculated and cautious. Hauling rock by rail from either Island Mountain or Mendocino County to his proposed rail-water transfer terminal at Port Sonoma is the essence of his business plan. He is putting up the money and wants to make sure that the carrier is able to meet his needs. Skip is tough, smart and experienced enough to see how the system can be applied to meet his needs. That is the American way of being successful in business. Your comments seem crafted to lead the reader to infer some nefarious purpose from Skip Berg’s participation in the railroad. Bull! If you are looking for some Socialist alternative, then you need to go elsewhere.
The alleged adverse environmental impacts of a quarry at Island Mountain are wholly false and misleading. In order for any quarry operator to get both a Use Permit from Trinity County and a SMARA permit from the State, there has to be an operating plan in place that assures the public there will be no pollution. Those processes require a full-blown EIR for a project of this size. Additionally, at Island Mountain, the proposed quarry site will be situated well back from the Eel River, out of sight from the river, and visible only from the railroad or the air. Moreover, the hand-wringing over possible quarry pollution rings disingenuous in the absence of any outcries regarding the toxic chemicals presently leaching into the Eel River from the Island Mountain Copper Mine on Dean Whittier’s Lone Pine Ranch.
The real message would seem to be that Marinites will stoop to any level of disassembly, and use any devious stratagem or chicanery, they believe will help them impose their will on the rest of the State and the Nation.
Oh, one last thought: the federal Interstate Commerce Act (49 USC 10502, et seq.) preempts all other local, state and federal laws, including environmental laws, except for selected public safety statutes. A Federal Court may ultimately enjoin application of CEQA.
