Wednesday, July 7, 2004 | 10:57 a.m.
A federal judge has denied a motion by the Sierra Club to halt the widening of U.S. 95 while the environmental group appeals its failed lawsuit against the project to the 9th U.S. Circuit Court of Appeals.
U.S. District Judge Philip Pro denied the motion last week, stating in a written order that the Sierra Club has not demonstrated a likelihood of success on the merits of its appeal.
"The irreparable harm plaintiff seeks to avoid is the health impacts from emissions of increased motor vehicle traffic on a widened 10-lane highway," the order states. "The alleged increased emissions will not occur until the widened highway is completed and opened to traffic."
Pro dismissed the Sierra Club's lawsuit in March. The suit alleged that the government's environmental impact study for the $370 million project does not take into account health risks caused by certain pollutants, and that the Federal Highway Administration made arbitrary and capricious decisions in approving the project
The Sierra Club's motion for an injunction stated that Pro's denial of its claim that the federal government violated environmental regulations was "based on an incorrect view of the facts."
The motion argued that the Federal Highway Administration never took into account studies brought forward by the Sierra Club relating to dangerous pollution levels and cancer.
The final phases in the widening of U.S. 95 from six to 10 lanes between Martin Luther King and Rainbow boulevards are expected to be under construction this fall and are to be completed in fall 2006.
The 9th U.S. Circuit Court of Appeals has yet to rule on the Sierra Club's appeal of the lawsuit that Pro dismissed earlier this year.
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