Redistricting; Rosemont Copper

On Friday afternoon, attorneys for the Arizona Independent Redistricting Commission stipulated -- along with attorneys (David Cantelme and Mike Liburdi) for the plaintiffs (in the federal court case challenging the legislative district maps) -- to a schedule for filing briefs related to the AIRC Motion to Dismiss.

Plaintiffs and Defendants Arizona Independent Redistricting Commission and its members (collectively “IRC”) hereby stipulate to the following briefing schedule for the IRC’s motion to dismiss filed on May 23, 2012:
1. Plaintiffs’ response: June 25, 2012
2. IRC’s reply: July 13, 2012.

The parties respectfully request the Court to enter the accompanying order adopting the proposed briefing schedule.

Plaintiffs regard the motion to dismiss as one converted to a motion for summary judgment, the IRC continues to view the motion as one to dismiss under Rule 12(b)(6), and neither side waives its position by agreeing to this briefing schedule, which is entered into based on counsels’ overall workload obligations.

Both parties request oral argument. Should the Court be disposed to grant oral argument, counsel would like to bring to the Court’s attention that Mr. Kanefield is going on vacation during the period of August 5 to August 13, 2012, and Mr. Cantelme will be in trial in Superior Court in Phoenix the weeks of August 13 and August 20, 2012, and will be on vacation the weeks of October 8 and October 15, 2012.

I included the last paragraph for its entertainment value. To me, it seems somewhat absurd to be advising a federal court when you will be going on vacation.

So, if the court accepts the stipulated schedule (and it likely will), it will be close to another month before we are treated to Cantelme's profound argument (wink, wink) as to whether this bunch of Tea Party wackos have a legal leg to stand on.

The one nugget of insight from the stipulated briefing schedule is that Cantelme considers the Motion to Dismiss to have been a motion for summary judgment. Which might simply be splitting hairs.

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Also earlier in last week, the Arizona Corporation Commission delayed construction of the high voltage electric transmission lines from Tucson Electric Power's facilities to the proposed Rosemont Copper Mine project southeast of Tucson.

On Thursday, Rosemont Copper issued a press release spinning the ACC decision much differently.

Rosemont's release conveniently fails to mention that it had vigorously pursued and hoped to obtain authority to proceed with construction of the transmission line PRIOR to obtaining the necessary permits to begin the mine operation.

Of course, Rosemont is trying to sell the project to Tucson area residents as an economic engine. But it fails (again and again) to disclose a number of material facts and issues about the company (for example, that it fraudulently claimed to Arizona regulators that principals involved with the company had never been bankrupt) and about the environmental impact (such as to the air Tucsonans breathe and the water supply they rely on).

It is understandable that Rosemont wants people to believe it achieved a victory at the ACC last week when it really suffered what would more fairly be considered a huge setback.

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Finally, please remember and honor America's members of the Armed Services, those who have died for the cause of freedom and those still living. As much as we love to criticize our government, ultimately many have boldly fought for our right to do just that.