Editorial: Ensign uses wrong tactic

Tuesday, May 17, 2005 | 9:11 a.m.

Three years ago the Sierra Club filed a lawsuit against the state's plan to add four more lanes to U.S. 95 between Rainbow Boulevard and the Spaghetti Bowl. The environmental organization argues that alternatives should be studied because more lanes will lead to more traffic and more pollution, threatening the health of people who live and work near the highway. We have never seen it that way. We strongly believe the widening project will improve the environment, as the extra lanes will allow traffic to move more swiftly, thereby reducing emissions. We have criticized the Sierra Club for filing the suit, which has slowed the project to a crawl -- the same speed at which motorists on this critical stretch of highway must travel every day.

The suit was rejected in March 2004 by U.S. District Court Judge Philip Pro. The Sierra Club appealed to the 9th U.S. Circuit Court of Appeals, which in July allowed preparatory work to continue but halted actual lane building while it considered the appeal. The court has yet to rule. Meanwhile, growth is not procrastinating. More vehicles are coming onto the highway every day, adding to commuters' already lengthy driving times. They are not alone in being aggravated. Sen. John Ensign, R-Nev., is at the boiling point. He has introduced an amendment in Congress that says, essentially: "Damn the federal court order, full speed ahead." If approved, the amendment would give Nevada the right to finish the project.

We understand his point of view about the lawsuit, as we share it completely. But we do not agree with his method of dealing with it. The legislative branch should not start interfering with environmental issues that are properly before the judicial branch. This could come back to bite us, and hard. For example, Nevada has received a favorable ruling on Yucca Mountain from a federal court. We wouldn't want Congress passing legislation voiding the decision. Ensign's amendment (to the federal highway spending bill) could set just such a precedent.