Nov. 18--
Opponents of the controversial Legacy Highway say they like their chances of stopping the Legacy Highway project.
On Friday a federal appeals court in Denver put a temporary stop to the project.
A careful reading of the court's decision has opponents optimistic.
News Specialist John Daley has more.
Opponents of the nearly half a billion dollar project say they are heartened by the language of this decision.
State highway planners argue the road is critical to meeting future transportation needs and to relieve severe traffic congestion in Davis County.
But a coalition of opponents--including environmentalists and Salt Lake's mayor--have long argued that the road will be disastrous for wetlands, which are considered to be of international signficance.
They've argued that federal law--notably the Clean Water Act--is on their side.
And on Friday, the federal appeals court in Denver seemed to agree, issuing a temporary stop to the project and saying they want to take another look.
Bob Adler/Attorney for Legacy Opponents: "WE GOT SOME VERY SERIOUS MESSAGE FROM THE COURT OF APPEALS ABOUT THE MERITS OF THE CASE. SUGGESTING THAT THE GOVERNMENT WAS INCORRECT IN ISSUING PERMITS UNDER THE CLEAN WATER ACT WHEN THERE ARE ALTERNATIVES TO THE PROJECT WHICH WOULD NOT DESTROY WETLANDS."
Opponents say those alternatives include other routes, or ditching the project in favor of better transit.
On Friday state road planners said they considered the ruling just a temporary setback--and that they still feel confident that the road building will go forward.
Friday, Nov. 16--
A victory for opponents of the Legacy Highway. An
appeals court in Denver put the brakes on
construction.
Marc Heileson/Sierra Club: "WE'RE
VERY HAPPY KNOWING THE WETLANDS
WILL BE THERE WHEN WE'RE IN COURT
AND WE FEEL PRETTY CONFIDENT ABOUT
OUR CHANCES IN THE 10TH CIRCUIT."
The 10th Circuit Court of Appeals has ruled there
will be no new construction until a hearing next year.
News Specialist Sandra Yi has reaction from both sides.
Environmentalists are celebrating the court's ruling. They call it a big win, at least for now.
But
the Utah Department of Transportation says the battle
isn't over just yet.
Crews continue construction of the Legacy
Parkway. The Utah Department of Transportation
says it will take a few days to put the brakes on the
project.
But UDOT is confident the shut down will be
only temporary.
Byron Parker/Project Director: "WE
FEEL LIKE WE'VE PREPARED A GOOD
ENVIRONMENTAL DOCUMENT AND WE HAVE
A GOOD JUSTIFICATION FOR THE
PROJECT WE'RE PROPOSING."
Last month, a federal judge gave the project a green
light. But opponents filed for an injunction. And
Friday, an appeals court ruled there will be no new
construction until next year.
It said:
"In light of the
potential for irreparable harm if construction continues
on the project, we grant appellants' motion to enjoin
any further action that will disturb the ground or
vegetation in the proposed right of way, pending
resolution of the underlying appeals."
Environmentalists argue the 14-mile highway, if built, will harm
more than 100 acres of wetlands.
Mike Heileson/Sierra Club: "THE
LEGACY HIGHWAY IS NOT BEING USED AS
A BUFFER. THAT PROMISE WAS NEVER
KEPT. SPRAWL AND GROWTH IS WAITING
TO FILL THE LEGACY HIGHWAY IF IT IS
BUILT."
Mayor Rocky Anderson - also a staunch opponent -
calls the ruling a victory.
He says the court is showing
support for the notion that the Parkway violates
federal environmental standards.
Rocky Anderson/Salt Lake City
Mayor: "Well I'm very pleased. I
think a court of appeals doesn't do
this sort of thing lightly."
Oral arguments in this case have been set for March
17.
Highlights From the Court Ruling:
"This case involves the approval of the State of Utah's proposed Legacy Parkway, a fourteen-mile four-lane highway designed to link Interstate I-215 in Salt Lake City with I-15 and U.S. 89 near Farmington. The highway is intended to meet the anticipated transportation needs of the North Corridor in 2020, as part of the overall "Shared Solution" transportation plan. As approved, the highway will cause a direct loss of approximately 114 acres of wetlands on the eastern perimeter of the Great Salt Lake, with indirect impacts over a larger area. Appellants contend that the approval process for the Legacy Parkway was flawed, and they seek to halt construction of the highway pending resolution of their appeals to this court."
"To support their claim of irreparable harm if the injunction is not granted, appellants have presented evidence that wetlands such as these, once filled, rarely can be restored to their original state. The Clean Water Act regulations support this assertion, stating: 'From a national perspective, the degradation or destruction of special aquatic sites, such as filling operations in wetlands, is considered to be among the most severe environmental impacts covered by these Guidelines. The guiding priciple should be that degradation or destruction of special sites may represent an irreversible loss of valuable aquatic resources.'"
"In light of the potential for irreparable harm if construction continues on this project, we grant appellants' motion to enjoin any further action that will disturb the ground or vegetation in the proposed right of way, pending resolution of the underlying appeals. Activities that will not disturb the ground or vegetation in the proposed right of way may continue. In addition, appellees may take necessary actions to secure the already-built portions of the project."
Nov. 16, 2001
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