March 20, 2002
Controversial Legacy Highway got it's long awaited day in court.
At issue, whether federal agencies properly followed the law in approving the road.
Last Fall, the federal appeals court in Denver put a temporary stop to the Legacy Project in order to fully explore that question.
News Specialist John Daley was in the Denver courtroom Wednesday and has this report.
It was like the lightning round in court today.
Each side had only 20 minutes to present its case, all the while getting grilled by the three-judge panel.
With a series of precise questions, judges focused on two main points raised by opponents of the project.
- Did state road builders and the federal agencies which approved the road violate the clean water act which protects wetlands?
- Did they properly examine alternatives to the 330 foot wide road?
For instance, mass transist and narrower configuration or an alternative route, specifically the rail bed once used for the Denver and RioGrand Western railroad.
Attorney's for the state said yes, the state dotted all its I's and crossed all its T's. But the attorney for the opponents said No, state highway planners never gave the project the proper environmental review.
The court made no decision Wednesday.
The judges could lift their temporary injunction and let stand the district court decision allowing the highway, or they could permanently stop the highway, throw out the old approvals and order new environmental studies.
But a ruling may not come for several months.
The judges have a lot to consider-- all told the two sides have submitted 60,000 pages of information.
By the way, the makeup of this court is a three judge panel. All three were appointed by conservative presidents-- one by
Reagan, one by George Bush Senior, the other by George W. Bush.
Links
Selected Past Stories
- Highway on Hold: Court Issues Injunction
Nov. 18, 2001
- Highway Update
Oct. 17, 2001
- Hillside Controversy
- Trucks Raise New Controversy
- Poll Results: Should Legacy Highway Be Built?
- Critics Will Appeal Judge's Decision
Aug. 14, 2001
- Judge Won't Stop Legacy Highway
Aug. 13, 2001
- Legacy Highway Trial
July 26, 2001
- Opponents Ask Judge To Consider New Data
June 10, 2001
- Highway Costs Will Exceed $451 Million
May 24, 2001
- Construction Pushed Back To August
May 17, 2001
- Opponents Sue To Stop Highway
Jan. 17, 2001
- Legacy Highway: Full Speed Ahead?
Jan.10, 2001
