Dismissal of suit clears way for final bid on U.S. 95

Jace Radke

Monday, March 15, 2004 | 8:42 a.m.

The final phase in the widening of U.S. 95 from six to 10 lanes is expected to go to bid in April with construction set to start in June.

A dismissal of a Sierra Club lawsuit released Friday by a federal judge cleared the way for earthmovers and workers to build the additional lanes between Interstate 15 and Rainbow Boulevard.

Sierra Club officials said that they were reviewing the 57-page order and would not know for a couple weeks whether or not they would appeal the decision to the 9th U.S. Circuit Court of Appeals.

The Sierra Club had argued that the government's environmental impact study for the $370 million widening project does not take into account the health risks caused by certain pollutants, and that the Federal Highway Administration made arbitrary and capricious decisions in approving the project.

The suit asked that a supplemental environmental impact study be conducted, taking into account studies that say that highway pollution increases the risk of cancer in nearby communities.

In a written order, U.S. District Judge Philip Pro ruled that the federal agency took reasonably thorough steps to study the impacts of the project, utilize accurate information and analyze reasonable alternatives.

Pro did state in the order that the "open-house style" public hearings diffuses the public nature of the hearings and creates many private meetings between agency representatives and individuals.

The open house meetings used by the Nevada Department of Transportation allowed citizens to comment in writing or through an oral statement to a stenographer, but did not require an open session in which all of the citizens can ask questions of officials together.

"Citizens do not hear every question, comment, or concern voiced by other citizens, nor do they hear the agency's response," Pro's order states. "Consequently, concerned citizens lose the ability to inform and influence their fellow citizens' views.

"Additionally, the open house format diffuses the pressure that comes from a direct and public challenge to the agency from a live audience member."

The order urges the Federal Highway Administration to reconsider whether the open house format optimizes public involvement.

The Federal Highway Administration's record of decision, including the environmental impact study, was filed by the government in January 2000, and the Sierra Club filed suit in April 2002. At issue in the suit was the widening of the approximately five-mile corridor between Martin Luther King and Rainbow boulevards that is scheduled to be completed in fall 2006. The project would expand the stretch of freeway and include a carpool lane in each direction.

The Martin Luther King to Rainbow section is the final part of a larger project expected to cost more than $870 million. The larger project included new overpasses and storm drains and the widening of U.S. 95 between Rainbow and Ann Road.