Back to PRESS ARTICLE
Back to WHAT'S NEW

December 2001

Dear Transit First and Great Salt Lake Wetlands Supporter,

On November 16, 2001, Utahns for Better Transportation, Salt Lake City Mayor Rocky Anderson, and the Sierra Club, scored a major victory when the U.S. 10th Circuit Court of Appeals in Denver ordered the Utah Department of Transportation (UDOT) to stop all further destruction of wetlands and other wildlife habitat while we appeal the Legacy Parkway case in that court.

This victory is critically important because it means that more wetlands will not be destroyed and more roadway will not be built while the case is on appeal. But this is just a temporary reprieve. We still must convince the Court of Appeals that the federal and state agencies that supported and approved the project violated federal environmental laws including the Clean Water Act, the National Environmental Policy Act, and the Federal Transportation Act.

Your name was given to UBeT as a possible supporter and donor to our effort to promote a Transit First investment approach and to stop the Legacy Highway. Over the past two years, public momentum has shifted towards transit development. The impressive success of TRAX and the vote of citizens in favor of raising their won taxes for more and better transit speaks clearly to the desire of citizens for convenient, reliable transit that will provide them with other viable transportation choices.

We cannot successfully make this shift to transit at the same time we continue a massive road building campaign. The Legacy Parkway is the answer to the wrong question. The question transportation planners are asking is "How can we accommodate a doubling of vehicle miles traveled in the Greater Wasatch Area over the next twenty years?" The right question to be asking is "How can we reduce the growth of vehicle miles traveled?" The answer lies in regional transit system development including transit oriented development, walkable communities and bicycle networks.

There are three things you can do to support the Transit First campaign and stop the Legacy Highway.

• Make a donation now. Help us prepare for our appeal hearing.
• Share this information with friends and family. Send us contact information (on the enclosed form) for additional supporters and donors.
• Send letters or OpEd pieces to your local newspapers supporting balanced transportation.

  Salt Lake Tribune: [email protected]
  Deseret News: [email protected]
  Ogden Standard Examiner: [email protected]

Here are some highlights from the Court of Appeals decision. For a complete transcript visit our web site www.utahnsforbettertransportation.

It is undisputed that the Great Salt Lake wetlands are of extraordinary importance both nationally and internationally. Located midway through the Pacific Flyway migration route between northern Canada and South America, the lake and its associated wetlands are a vital staging area in an otherwise arid region. The area is part of the Western Hemispheric Shorebird Reserve Network, a distinction afforded to only five areas in the lower forty-eight states.

"Although [the state] will incur a financial loss if the injunction is granted, it appears that much of this harm is self-inflicted. The Utah Department of Transportation awarded the highway contract ... (before the Army Corps of Engineers approved the project), thereby entering into contractual obligations that anticipated a pro forma result ... Further, the state agency was aware that there were several court cases challenging the approval of the Legacy Parkway, but chose to proceed nevertheless."

"Appellants [Utahns for Better Transportation] argue that the Corps did not [comply with the Clean Water Act] in considering the Legacy Parkway's configuration and alignment. The record excerpts which have been provided to us support their argument ... the [U.S. Army Corps of Engineers' decision] appears to discount alternatives that were 'practicable,' as that term is defined. ... Further, the Corps' justification for some of its conclusions appears to be contrary to the evidence ...."

Because the court of appeals needed only to find that we had raised enough "serious and substantial issues" to justify the injunction, it did not have to consider many of our other arguments, such as UDOT's failure to consider serious transit alternatives to the proposed highway. But the above language and other parts of the Court of Appeals' decision indicate that we have a very good chance of winning our appeal. We are absolutely committed to continuing this court challenge as vigorously as possible.

We have a top notch legal team including attorneys from Utah's largest law firm, Parsons, Behle & Latimer, who are working at greatly reduced rates. The legal team also includes noted experts in the laws relevant to this case. Nevertheless, this critical case is expensive to litigate. We are asking you to consider a tax deductible donation so that we can turn this encouraging, but temporary, win into a full scale victory. Our goal is to raise $100,000 by March, 2002. Please contribute as much as you can to our legal fund so that we can present as strong a case as possible to the Court of Appeals in Denver. Because UBeT is a coalition and not an incorporated entity, checks should be payable to FRIENDS of Great Salt Lake.

Together, we now have a real chance to stop Utah's incessant road-building and to promote in its place a serious Transit-First program to meet our community's legitimate transportation needs. If you have any questions please call us.

With our hopes for a balanced transportation future,

Make a Donation now.

 
Back to PRESS ARTICLES
Back to WHAT'S NEW
Home  |   What's NEW  |  Transit First   |  Legacy Highway  |   Press  |   Documents/Reports  |  Donate   |  Join  |   Links