Untitled Document

Federal court rules against group's challenges to
Sand Creek Byway project

Judge Edward J. Lodge, U.S. District Court, District of Idaho, issued a decision Thursday (March 27), rejecting all claims filed by the North Idaho Community Action Network (NICAN) that challenged the Sand Creek Byway environmental process.

NICAN, a local environmental group, argued the Federal Highway Administration and the Idaho Transportation Department had violated the requirements of the National Environmental Policy Act (NEPA) and the Transportation Act, and that the environmental studies for the proposed project failed to adequately consider project impacts and less damaging alternatives. NICAN argued the project would adversely impact wetlands and Sand Creek, and a historic railroad depot.

Judge Lodge rejected those arguments, holding as follows:

Project Impacts. “[T]he Agencies properly addressed the environmental impacts as the issues arose throughout the progression of the Project. The Agencies evaluated the changes in the [Environmental Assessment] and the re-evaluation, which included an evaluation of the overall impact of the entire project.”
Wetlands. “[T]he Agencies fully mitigated the affects on the wetlands…”
Sand Creek. “For the open water, dredging will occur and fill material will be permanently and temporarily placed in Sand Creek below the ordinary high water mark. The temporary fill material will be dredged after the activity using it is completed. As a result of these activities, the normal pool elevation would not change, but the location of the elevation contour will permanently shift slightly….. NICAN has not demonstrated that the Agencies’ decision that it was not a significant impact was arbitrary and capricious.”
Historic Depot. “NICAN fails to present any evidence that these activities will physically use the depot. The activities that will occur near the depot such as work on the access road and curb on the west side of the depot are meant to improve those facilities and will not adversely affect the depot.”

The federal rules provide NICAN 30 days from entry of the final judgment to file an appeal with the United States Court of Appeals, Ninth Circuit. NICAN also can file a motion for injunction pending appeal.

NICAN has raised other legal challenges to approvals to the project, including a case pending in federal court in the United States District Court for the Eastern District of Washington, challenging the Clean Water Act § 404 permit issued by the Army Corps of Engineers.