Since March 2011, IRU has been working in the courts, as well as the court of public opinion, to push government agencies toward fulfilling their obligations under the Wild and Scenic Rivers Act to regulate megaloads in the Clearwater and Lochsa Wild and Scenic River corridor of northern Idaho.
On February 7, 2011, IRU won its first federal court case seeking clarification that the U.S. Forest Service has authority to regulate megaloads in the Wild and Scenic River corridor.
On Aug. 8, 2013, IRU returned to federal court with co-plaintiff the Nez Perce Tribe to a seek further ruling declaring that the Forest Service can enforce rules it had since implemented. The court granted a temporary injunction on Sept. 13 that prevents megaloads from entering the National Forest and Wild and Scenic River corridor pending review of the impacts they pose to tribal sovereignty and the cultural, spiritual and aesthetic qualities of the Wild and Scenic River corridor.
“The plaintiffs are not seeking damages; they are seeking to preserve their Treaty rights along with cultural and intrinsic values that have no price tag,” Winmill wrote.
Filings and litigation timeline for the March 2011 - February 2013 legal process: