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Federal Lawsuit Challenges I-69...
October 2, 2006
Media Contacts:
Tim Maloney, Executive Director, Hoosier Environmental
Council, Indianapolis
(812) 369-8677 (cell)
Tom Tokarski, Citizens for Appropriate Rural Roads
(812) 825-9553 (home)
Federal Lawsuit Challenges I-69 Toll Road Proposal Groups
charge State plan is "wasteful,
ill-conceived and unnecessary".
Indianapolis, Ind.—State and local environmental policy groups and others
filed a federal challenge against the Indiana Department of Transportation
(INDOT) and other agencies today asking the court to halt planning and
design work underway on the proposed I-69 toll road between Indianapolis
and Evansville.
The plaintiffs are challenging the state's ill-conceived scheme to build
the I-69 toll road along a new-terrain route, with disregard to the
value of Indiana's natural resources and endangered wildlife habitats.
The lawsuit also claims that state officials refused to fairly consider
a route that uses existing roadways and significantly minimizes environmental
impacts.
"Like many of our neighbors in Martinsville and business owners along
State Road 37, Terry and I stand to lose our business and see our community
suffer just to save 13 minutes in travel time from Indianapolis to Evansville,"
said Brenda Buster, who along with her husband owns the Towne View Auto
Clinic in Martinsville. "We want to preserve our livelihood and the
community we love for our future and the future of generations to come".
Plaintiffs include:
Hoosier Environmental Council (HEC)
Citizens for Appropriate Rural Roads (CARR)
Sassafras Audubon Society
Brenda and Terry Buster, who own a business along the toll road corridor
in Martinsville, Ind.
Edith Sarra, a Gosport resident
Sophia Travis, president of the Monroe County Council, and Mark Stoops,
Monroe County councilor (suing as individuals)
Andy Ruff, Bloomington City councilor (suing as an individual)
"The state's plan for I69 would be a triple loss for Indiana's transportation
system, economy and environment," said Tim Maloney, executive director
of the Hoosier Environmental Council, the state's largest environmental
advocacy group.
Plaintiffs also accuse the state of violating numerous federal laws.
"The state's transportation planners blatantly refused to study whether
upgrading US 41 and connecting to I-70 plus upgrading local roads made
more sense than building one new highway," said Thomas Tokarski, president
of CARR. "If I-69 is built, US 41/I-70 is a clearly preferable route
that has few environmental impacts and will cost less than half that
of the state's wasteful route."
The plaintiffs have asked the court to declare that the March 2004 Record
of Decision (ROD) for the I-69 project violates several federal laws,
including the National Environmental Policy Act (NEPA), which requires
a thorough and balanced evaluation of any federally funded projects.
The lawsuit also names as a defendant the Federal Highway Administration
and 11 other agencies, departments and individuals.
The proposed route, according to the lawsuit, will:
Destroy nearly 7,000 acres of farmland, forest, and wetlands;
Cut through the center of the Patoka River National Wildlife Refuge,
which covers three counties in southwestern Indiana;
And divide rural communities such as the Old Order Amish Community in
Daviess County in southern Indiana as well as suburban communities such
as Perry Township in Marion County.
"INDOT's June 2006 I-69 toll road study completely undermined the state's
already questionable justification for this route and shows that the
highway would create more traffic problems than it would solve," said
John Moore, senior attorney with the Environmental Law & Policy Center
of Chicago, and one of the plaintiffs attorneys. "The state's own data
shows few people will drive the proposed toll road route. Tolling the
highway will cause economic hardship for those that do, and building
the road will destroy thousands of acres of farmland and forest and
permanently divide communities."
More information can be found at www.hecweb.org
* * * * *
Indiana's voice for clean air, safe water, wild places and healthy communities,
the Hoosier Environmental Council is the state's largest environmental
advocacy organization.
www.hecweb.org
Citizens for Appropriate Rural Roads is an Indiana community-based organization
whose mission is to protect the integrity of Southwestern Indiana's
farmlands, forestlands and rural communities by supporting fiscally
conservative and environmentally sound transportation policies.
The Environmental Law and Policy Center (ELPC) is the Midwest's leading
public interest environmental advocacy organization working to achieve
cleaner energy resources and implement sustainable energy strategies,
promote innovative and efficient transportation and land use approaches
that produce cleaner air and more jobs, and develop sound environmental
management practices that conserve natural resources and improve the
quality of life in our communities.
www.elpc.org
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