U.S. District Court Judge John Hinderaker has allowed a challenge to plans for Interstate 11—the 280-mile roadway intended to run from Nogales to Wickenburg—to proceed.
Hinderaker rejected arguments from the Federal Highway Administration and Arizona Department of Transportation that legal objections to the plan were premature, with FHWA arguing that final decisions on the road’s route had not been made yet.
The ruling found that FHWA had already concluded two national monuments did not qualify for consideration under federal law that would require consideration whether the highway should be placed somewhere else. The judge also found there was no analysis on ecological impacts to either Saguaro National Park or Tucson Mountain Park because the Administration had concluded neither was a waterfowl or wildlife refuge.
He further found the sites claimed as not entitled to protection maintained that status even after feedback from the Bureau of Land Management, the National Park Service and the Arizona Game and Fish Department.
Based on these factors, Hinderaker ruled it appears that at least some placement decisions have, in fact, been made.
He added it appears FHWA closed out any alternatives other than the planned corridor unless new conditions are presented.
All those factors combined lead the judge to rule that the decisions can be challenged before a final decision is made.
FHWA had decided to approve an alternative route around the west side of Tucson. Environmental groups said the decision did not take into account the potential damage to the Sonoran Desert, the effects of pollution or the potential for harm to wildlife. They argued that if the highway were co-located on existing portions of Interstate 10 and Interstate 19, those risks would be removed.
Arizona Department of Transportation and other officials had previously argued the alternative to I-10 was essential to maintain economic development and that failure to relieve I-10 congestion would negatively impact the region’s ability to function in the near future.
Other arguments by both state and federal officials that the challenges were premature focused on the fact the roadway is still an unfunded project that may never be built and that no current funds exist for additional route studies.
Along with the Pima County portion of the proposed roadway, which could have a final price tag of between $3.1B and $7.3B, environmentalists also have objections to a portion planned between Casa Grande and Buckeye and another from Buckeye to Wickenburg.
The project, if built, would eventually also connect to Kingman and then into Nevada. (Source)