IBJNews

Environmental groups lob new suit at I-69 work

Back to TopCommentsE-mailPrintBookmark and Share

An Indiana environmental group once again is attempting to stop construction of the Interstate 69 extension between Evansville and Indianapolis by filing suit in federal court.

The Hoosier Environmental Council and Citizens for Appropriate Rural Roads brought their complaint Tuesday in U.S. District Court in Indianapolis seeking to overturn a permit the Army Corps of Engineers issued for the $3 billion project.

The groups say the agency failed to comply with a section of the Clean Water Act because it approved a permit to discharge about 225,000 cubic yards of fill material into wetlands and streams in Greene and Monroe counties without considering less-damaging alternatives.

“In its own rules, the Corps has determined that 'most wetlands constitute a productive and valuable resource, the unnecessary alteration or destruction of which should be discouraged as contrary to the public interest,’” the environmental groups argue in their suit.

A spokeswoman for the Louisville division of the Army Corps of Engineers said the agency is aware of the lawsuit but cannot comment on pending litigation.

The complaint targets what’s known as Section 4 of I-69, which extends 26 miles from the Crane Naval Surface Warfare Center to Bloomington. Construction on the stretch is under way and should be finished by the end of 2014 at an estimated cost of at least $532 million.

The portion of roadway will cross 18 waterways, affecting about 88,000 linear feet of water and filling more than 9 acres of wetlands, the groups argue.

The odds of halting work on the new terrain route appear long, however. Three sections of I-69 extending from Evansville to Crane already are finished.

In addition, the latest lawsuit is the Hoosier Environmental Council's third legal attempt to halt construction on the 142-mile link.

In February 2011,  and again the following October, HEC filed similar suits seeking to halt work on two now-finished sections of the interstate.

Last July, federal Judge Larry J. McKinney denied the first challenge. HEC since has appealed the judge’s decision to the 7th Circuit U.S. Court of Appeals in Chicago.

A decision on the second suit is on hold pending the outcome of the appeal.

Once the section to Bloomington is finished, work is set to begin on the two remaining sections stretching from Bloomington to Interstate 465 on the south side of Indianapolis.   

A lack of funding threatens completion of the remaining sections, though. The southernmost part of the road has been funded in part from proceeds of the $3.8 billion lease of the Indiana Toll Road.

The Indiana Department of Transportation has designated more than one-third of its entire federal highway aid this year toward building the 27 miles between Crane and Bloomington.

A report INDOT filed with the Federal Highway Administration states that 36 percent—or $281.3 million—of the $791 million Indiana will receive this year in federal road funding has been allocated to this stretch of I-69 in 2013.

That’s in addition to the $70 million in state highway funds budgeted in 2013 for Section 4.
 

ADVERTISEMENT

  • Groups
    It proves people are bored with there life. Someone is always negative and complaining. Do they realize things WILL get done even after their fight. It cost the state more money when they go to court oh wait they will complain about that to. I wish I could go into their life and see all the negative things they say and do. You groups just need to back off and realize reality.
  • Going...and going...and going
    I moved to Indy in the Spring of 1993. This was going on back then, its been 20 years! figure it out bc its getting ridiculous. just a bunch of tree huggers being a pain in the ass over a few acres! get a life folks!
  • 9 Acres
    Wow, they are fighting this to protect just 9 whole acres while the efficiency of the travel will greatly reduce the consumption of gas that they so greatly want.
  • Get it done, HEC!
    Thank you HEC for fighting for the environmental issues related to this crazy interstate project!!
  • Nuts
    I wonder if these nuts will stop clogging up the courts, if the law that states that losers must pay everyones costs, gets passed. As I have said, just build I-69 and the nusto's will come out.
  • dump the clutch
    these "activists" must hate the people of Evansville........

    Post a comment to this story

    COMMENTS POLICY
    We reserve the right to remove any post that we feel is obscene, profane, vulgar, racist, sexually explicit, abusive, or hateful.
     
    You are legally responsible for what you post and your anonymity is not guaranteed.
     
    Posts that insult, defame, threaten, harass or abuse other readers or people mentioned in IBJ editorial content are also subject to removal. Please respect the privacy of individuals and refrain from posting personal information.
     
    No solicitations, spamming or advertisements are allowed. Readers may post links to other informational websites that are relevant to the topic at hand, but please do not link to objectionable material.
     
    We may remove messages that are unrelated to the topic, encourage illegal activity, use all capital letters or are unreadable.
     

    Messages that are flagged by readers as objectionable will be reviewed and may or may not be removed. Please do not flag a post simply because you disagree with it.

    Sponsored by
    ADVERTISEMENT

    facebook - twitter on Facebook & Twitter

    Follow on TwitterFollow IBJ on Facebook:
    Follow on TwitterFollow IBJ's Tweets on these topics:
     
    Subscribe to IBJ
    1. If what you stated is true, then this article is entirely inaccurate. "State sells bonds" is same as "State borrows money". Supposedly the company will "pay for them". But since we are paying the company, we are still paying for this road with borrowed money, even though the state has $2 billion in the bank.

    2. Andrew hit the nail on the head. AMTRAK provides terrible service and that is why the state has found a contractor to improve the service. More trips, on-time performance, better times, cleanliness and adequate or better restrooms. WI-FI and food service will also be provided. Transit from outlying areas will also be provided. I wouldn't take it the way it is but with the above services and marketing of the service,ridership will improve and more folks will explore Indy and may even want to move here.

    3. They could take the property using eminent domain and save money by not paying the church or building a soccer field and a new driveway. Ctrwd has monthly meetings open to all customers of the district. The meetings are listed and if the customers really cared that much they would show. Ctrwd works hard in every way they can to make sure the customer is put first. Overflows damage the surrounding environment and cost a lot of money every year. There have been many upgrades done through the years to help not send flow to Carmel. Even with the upgrades ctrwd cannot always keep up. I understand how a storage tank could be an eye sore, but has anyone thought to look at other lift stations or storage tanks. Most lift stations are right in the middle of neighborhoods. Some close to schools and soccer fields, and some right in back yards, or at least next to a back yard. We all have to work together to come up with a proper solution. The proposed solution by ctrwd is the best one offered so far.

    4. Fox has comments from several people that seem to have some inside information. I would refer to their website. Changed my whole opionion of this story.

    5. This place is great! I'm piggy backing and saying the Cobb salad is great. But the ribs are awesome. $6.49 for ribs and 2 sides?! They're delicious. If you work downtown, head over there.

    ADVERTISEMENT