Idaho Gov. C.L. (Butch) Otter remains supportive of the current megaload permitting process, even as it results in civil protests, arrests and now legal action.

The protests started Monday evening, after shipper Omega Morgan began moving a 644,000-pound evaporator east along U.S. Highway 12. More than 30 people have been arrested so far for trying to block the load, including several Nez Perce Tribal Executive Committee members.

Otter spokesman Jon Hanian said the governor has been briefed on the protests. He feels the decision to issue permits for oversized loads is ultimately up to the Idaho Transportation Department, and in this case the agency "is following protocol."

Otter has previously expressed confidence in the transportation department's ability to address any safety and environmental concerns with megaloads. He first weighed in on the issue in a 2009 letter to the Port of Lewiston, when he pledged the state's "support and cooperation to enhance the development of this important new business opportunity."

At the time, Imperial Oil was considering sending more than 200 truck loads of processing equipment from Lewiston to its Kearl Oil Sands project in Alberta along U.S. Highway 12.

Legal delays eventually prompted the company to cut the loads into smaller pieces and transport them along different routes. Other firms, however, still view Highway 12 as their best alternative.

Omega Morgan, for example, has indicated it wants to ship 10 oversized loads down the highway by the end of the year. This equipment is also destined for the Canadian tar sands region.

Besides the ongoing protests, the Nez Perce Tribe has filed legal action to stop the loads. The Nez Perce-Clearwater National Forest may reach that point as well.

A court ruling last year indicated the U.S. Forest Service has jurisdiction on oversized loads traveling through a Wild and Scenic River corridor. Nevertheless, the transportation department issued the Omega Morgan permit despite objections from Forest Supervisor Rick Brazell.

The state will continue to look for ways to address Brazell's concerns, Hanian said, but that doesn't mean it will cede responsibility for the permitting process.

The transportation department complied with the court ruling by notifying Omega Morgan its permit was subject to review by the Forest Service, he said. "It was then up to the Forest Service. The state will not subordinate its permitting process to Forest Service pre-approval."

Transportation department spokesman Jeff Stratten said the agency will work with Brazell to develop a memorandum of understanding that "defines the process for federal review of oversized load permits issued by the state."

---

Spence may be contacted at

bspence@lmtribune.com or (208) 791-9168.