Judge Censured/ Affordable Care Act/ National Parks and Economy/ Oil Train Safety

Missoulian: Montana Supreme Court reprimands judge for rape comments
Order - Proceedings in Public Censure

“Rule 1.2 of the Code of Judicial Conduct requires judges to act in a manner that promotes public confidence in the independence, integrity, and impartiality of the July 22 2014 judiciary, and avoids the appearance of impropriety. We have determined that through your inappropriate comments you have eroded public confidence in the judiciary and created an appearance of impropriety in violation of the Montana Code of Judicial Conduct.”

Missoulian: Lindeen says ruling on Affordable Care Act has no immediate effect on Montanans

14-5018 Jacqueline Halbig v. Sylvia Mathews Burwell
“Appellants are a group of individuals and employers residing in states that did not establish Exchanges. For reasons we explain more fully below, the IRS’s interpretation of section 36B makes them subject to certain penalties under the ACA that they would rather not face. Believing that the IRS’s interpretation is inconsistent with section 36B, appellants challenge the regulation under the Administrative Procedure Act (APA), alleging that it is not “in accordance with law.” 5 U.S.C. § 706(2)(A).”

141158.P David King v. Sylvia Burwell
“The defendants’ arguments are not persuasive. First, the y fail to point to a single case in which a court has refused to entertain a similar suit on the grounds that the parties were required to first pursue a tax - refund action under 26 U.S.C. § 7422(a) o r 28 U.S.C. § 1346. Moreover, the plaintiffs are not seeking a tax refund; they ask for no monetary relief, alleging instead claims for declaratory and injunctive relief in an attempt to forestall the lose - lose choice (in their minds) of purchasing a product they do not want or paying the penalty. Section 7422(a) does not allow for prospective relief.”

Missoulian: Glacier National Park visitors add $179 million to Montana economy

2013 National Park Visitor Spending Effects

Missoulian: New safety rules proposed to curb oil train fires

Recommendations for Tank Cars Used for the Transportation of Petroleum Crude Oil by Rail

“This safety advisory provides notice to all persons who offer for transportation, or transport, in tank cars by rail in commerce to, from or within the United States, a bulk quantity of UN 1267, petroleum crude oil, Class 3, that originates in or is sourced from the Bakken formation in the Williston Basin (Bakken crude oil). The purpose of this advisory is to encourage offerors and rail carriers to take additional precautionary measures to enhance the safe shipment of bulk quantities of Bakken crude oil by rail throughout the United States. Specifically, in light of recent accidents involving the shipment of Bakken crude oil by rail, the Federal Railroad Administration (FRA) and the Pipeline and Hazardous Materials Administration (PHMSA) urge offerors and carriers of Bakken crude oil by rail tank car to select and use the railroad tank car designs with the highest level of integrity reasonably available within their fleet for shipment of these hazardous materials by rail in interstate commerce. Further, FRA and PHMSA advise offerors and carriers of Bakken crude oil to avoid the use of older, legacy DOT Specification 111 or CTC 111 tank cars for the shipment of such oil to the extent reasonably practicable.”