Pahrump's Concerned Citizens for a Safe Community filled the gallery at U.S. District Court Wednesday but were dealt a disappointing blow when U.S. District Judge Jim Dawson ruled against an injunction to stop construction of a federal detention center in Pahrump.

Nye County Commissioners approved a 20-year development agreement with Corrections Corporation of America Dec. 16, 2008, the final step required before building a federal detention center at 2250 E. Mesquite Ave. that will house up to 1,500 prisoners.

Dawson denied the injunction on the same grounds he had denied the group's motion for a temporary restraining order last week -- a lack of scientific and legal evidence proving the group's claim that the Environmental Impact Statement completed for the project does not adequately represent potential harm to desert tortoises and other wildlife resources, thus violating the National Environmental Policy Act.

The judge added that he had spent more time on the previous temporary restraining order hearing than he normally would have due to the number of affidavits submitted by members of CCSA, but ultimately had nothing new to consider during this hearing.

"This court has to rule based on points of law and scientific evidence," Dawson said. "This court cannot legislate, I can't tell the commissioner not to do this."

Dawson pointed out the study was conducted by the U.S. Fish and Wildlife Service by pre-established guidelines, to which attorney Nancy Lord, representing CCSC, replied, "Just because the Fish and Wildlife Service did it doesn't mean they did it right."

Lord pointed out that the environmental study was done during the winter, when there were fewer tortoises to be found.

The judge still maintained that to make a case, Lord would need "some type of organized report from someone to show why the U.S. Fish and Wildlife Service are incorrect."

Lord said she called Dawson's office and was told she could not bring additional evidence to the hearing, to which Dawson replied that was not true. "You were told this wasn't an evidentiary hearing," Dawson said.

Lord went on to argue that the Nye County commissioners had violated open meeting laws by not posting past agendas with items concerning the detention center in prominent places such as Walmart. She pointed out that the agenda was posted at the community center, but it was posted behind glass under lock and key.

"They're not required to," Dawson retorted, adding that most people did not keep themselves informed. "Just because people do not vote doesn't mean elections aren't held," he said. "An informed citizen could have gone down to the clerk or administrative office and gotten an agenda."

The judge indicated that Nye County had already responded to the allegations of violating open meeting laws and that it had adequately proven it met posting requirements.

"Most of the people didn't know about this until it was a done deal," Lord maintained. "In the Federal Register, this is listed as a Las Vegas prison; there is nothing about Pahrump in it. The average person did not know anything about this until fall of 2008."

The PVT gave extensive coverage to the issue for many months prior to the most recent decisions and votes.

Josh Aiklen, representing CCA, told the judge that "nothing has been presented at this hearing to change the landscape of the case since you ruled on the temporary restraining order."

He added that Lord was making political, not legal, arguments.

Lord ultimately asked for the injunction to be granted so that CCSC could have an expert acquire the necessary information to prove the group's arguments, but that was denied by Dawson.