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It's Not Too Late to Stop the Sand Creek
Bypass
a.k.a.“The City Beach Freeway”
Update July 2008
Federal Appeals Court issues Injunction on US Highway 95 Bypass Project in Sandpoint, Idaho
On July 9th attorneys representing the North Idaho Community Action Network in their challenge of the Sand Creek bypass highway project received word that the US Court of Appeals for the 9th Circuit had granted the group's request for an Injunction Pending Appeal.
The injunction prohibits the Idaho Transportation Department from beginning construction of the US 95 Sandpoint North-South project while the NICAN's appeal of a lower court ruling is heard by the 9th Circuit Court. The group filed an Emergency Motion asking for the stay in mid-June when it became apparent that construction of the controversial project could begin as early as July.
The favorable ruling indicates that the majority of the justices who reviewed NICAN's motion are of the opinion that our legal claims have merit. Otherwise the injunction would not have been granted. This bodes well for a positive ruling from the court on NICAN's appeal of the lower court's ruling.
"We are pleased that the court recognized the irrevocable environmental and economic harm that will ensue if the construction proceeds," said Linda Tauber, NICAN Board member.
ITD was recently fined $325,000 by EPA for violating the Clean Water Act on a Highway 95 project near Lake Coeur d'Alene. The high risk components of the Sand Creek project include placing massive highway walls on Sand Creek's unstable saturated soils, dumping 84,000 cubic yards of fill into the creek; tearing up over a mile of Sand Creek's shoreline and replacing it with riprap, and filling the main creek channel and attempting to dredge a new channel around the fill.
The suit, filed in district court in 2005 against the Federal Highway Administration and ITD, alleges that the agencies failed the National Environmental Policy Act and section 4(f) of the Department of Transportation Act. The US district court ruled against NICAN in late March of this year and NICAN immediately filed an appeal of that ruling at the 9th Circuit Court.
The 9th circuit court of appeals will hold a hearing on
the appeal the week of August 25th.
UPDATE Spring 2007
At NICAN’s request, the Idaho Department of Lands (IDL) agreed to reconsider its decision to issue a conditional Lake Encroachment Permit for the Sand Creek highway project. At a special IDL Hearing on January 26, 2007 NICAN testified that IDL should reconsider their decision to permit the project for a variety of reasons.
Click here to check out NICAN’s testimony
NICAN also submitted a written Brief to IDL that raises additional reasons why the permit should not be issued. Click here to read the Brief.
The process allowed ITD to respond in writing to issues raised at the Reconsideration Hearing and then NICAN got to respond to ITD’s submittal.
Click here to read our March 5th reply to ITD and IDL.
Stay Tuned… for periodic Updates on the Permits
Sandpoint Tunnel Alternative
A new Tunnel alternative to the highway in the Creek has been developed independently by engineer Steve Potter. Steve's tunnel proposal solves many long term traffic issues that ITD's Byway doesn't, including providing a 4 lane facility with a median for safety, AND removing thru-truck-traffic from downtown - which will make it possible for the City of Sandpoint to get its downtown streets back from ITD.
Check
it out, at www.SandpointTunnel.com
For Technical reports and letters to State and Federal agencies Click on Documents on the left side of this screen.
March 2004 Staking in Sand Creek to inform public proposed location of
fill and wall.
More Images on Visual Page
Check out our Visual Information Page
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Click on Photo
to go to Visual Information Page
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Place Mouse over
Photo to see Before and After
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