Judge dismisses bridge appeal

SANDPOINT — A 2nd District Court judge is dismissing an appeal of an Idaho Department of Lands decision allowing the construction of a second BNSF Railway bridge across Lake Pend Oreille.

Judge John Judge concluded the court did not have jurisdiction because Wild Idaho Rising Tide, a North Idaho environmental group, did not have statutory standing to challenge IDL’s decision. Judge further ruled that court also lacked jurisdiction because WIRT’s appeal was filed after a filing deadline had lapsed, according to a 23-page order issued on March 29.

The Idaho Department of Lands approved an encroachment permit for the second span following public hearings in 2018, prompting WIRT to appeal the decision in 1st District Court. Helen Yost of WIRT filed the notice of appeal, although it was later stricken because Yost is not a licensed attorney.

Yost sought an extension of a filing deadline, which was granted by a district judge. WIRT secured legal counsel and filed an amended notice of appeal last fall.

BNSF Railway intervened in the litigation and moved to dismiss the appeal on a number of grounds, according to court documents.

Counsel for BNSF argued that WIRT became a corporate entity after the deadline to file an appeal had passed. The company further argued that neither Yost nor WIRT had standing to challenge IDL’s decision.

Although Yost testified on behalf of WIRT at the public hearings, Judge concluded that the group did not meaningfully participate in the permitting process at the agency level.

“As a result of that decision, WIRT Inc., a nonprofit environmental corporation which may have legitimate grievances with the IDL’s decision in this case, does not have statutory standing to appeal,” Judge wrote.

Judge also doubted the district judge possessed the authority to grant a filing extension and said Yost had no legal authority to represent WIRT in the appeal or file pleadings because she was not a licensed attorney.

Judge also ruled that WIRT missed the deadline to file an amended notice of appeal.

“It may be that WIRT Inc. has legitimate concerns with IDL’s decision to grant BNSF a permit to build a second railway bridge across Lake Pend Oreille. It is also clear WIRT’s members genuinely care about potential harm to the lake and its environment by the bridge project.

However, the court’s lack of jurisdiction prevents it from considering the merits of WIRT’s claims in the litigation, Judge said in the ruling.

Judge declined to award attorney’s fees to BNSF, court records indicate.

Keith Kinnaird can be reached by email at kkinnaird@bonnercountydailybee.com and follow him on Twitter @KeithDailyBee.