Indiana department of Transportation

Chicago Tribune: Latest Illiana Tollway Federal Court Ruling Helps Further Unwind Project

Chicago Tribune

Environmental Groups Happy with Judge’s Ruling on Illiana Tollway Project

By Zak Koeske

vironmental groups that oppose construction of the Illiana Tollway are celebrating a second federal court judge’s ruling that the Federal Highway Administration’s 2014 approval of the bi-state project was invalid.

U.S. District Court Judge Charles Norgle found Tuesday that portions of the project’s proposal that relied on its already legally invalidated foundation also were invalid.

The environmental plaintiffs — Openlands, Midewin Heritage Association and Sierra Club Illinois — had challenged both the Tier 1 and Tier 2 environmental impact statements and the federal government’s “records of decision” greenlighting the 47-mile highway project through Will County.

The U.S., Illinois and Indiana transportation departments were named as defendants in the lawsuit.

Last June, a federal court judge ruled that the Federal Highway Administration’s approval of the Tier 1 portion of the project, which looked at broad issues like the location, mode choice and area-wide environmental impact of the alternatives under consideration, was “arbitrary and capricious,” and in violation of U.S. environmental law.

Norgle’s decision Tuesday found that the prior federal approval of the Tier 2 statement, which relied upon the invalidated Tier 1 statement, must also be invalid and was thus “no longer effective.”

“The federal district court has now twice ruled in favor of the environmental plaintiffs that the Tier 1 and the Tier 2 Environmental Impact Statements are legally invalid,” said Howard Learner, executive director of the Environmental Law & Policy Center, which challenged the tollway project in court on behalf of the environmental plaintiffs.

READ MORE

 

Press Release: Victory on Proposed Illiana Tollway: Federal Judge Rules Transpo Agencies’ Environmental Studies “Invalid”

FOR IMMEDIATE RELEASE

NOVEMBER 2, 2016

Contact: Judith Nemes JNemes@elpc.org (312) 795-3706

Victory on Proposed Illiana Tollway: Federal Judge Rules Transpo Agencies’ Environmental Studies “Invalid”
Environmental Groups Call for End to Boondoggle Tollway

CHICAGO – A U.S. District Court judge yesterday ruled that state and federal transportation agencies’ approvals of an environmental impact statement on the proposed 50-mile Illiana Tollway is “invalid” and “no longer effective.”

Judge Charles Norgle of the U.S. District Court for the Northern District of Illinois’ ruled yesterday that the “Tier 2” environmental impact statement (EIS) is invalid because it was based on the initial Tier 1, which the Federal District Court declared illegal on June 16, 2015. The agencies’ Tier 1 EIS relied on improper methodologies to support the proposed Illiana Tollway in rejecting better alternatives. Their Tier 2 EIS relied on the flawed underlying Tier 1 EIS in then choosing among proposed corridors to build this proposed new tollway.

“Federal judges have now twice found the federal and state transportation agencies’ environmental reviews of the proposed Illiana Tollway to be invalid and illegal,” said Howard Learner, lead attorney and Executive Director of the Environmental Law & Policy Center. “The transportation agencies impermissibly skewed their environmental reviews from the outset to somehow justify the proposed new Illiana Tollway. Today’s court decision should end the boondoggle Illiana Tollway once and for all.”

“Today’s decision is a win both for good planning and for respecting environmental concerns while addressing transportation needs,” said Jerry Adelman, President and CEO of Openlands, one of the plaintiffs in the case. “We look forward to a genuine solution that honors our region’s beautiful and threatened natural areas and Illinois’ rich agricultural heritage.”

“We’re ready to work with local communities and leaders on transportation solutions that work while reducing traffic, allowing the Midewin to continue to grow as a major asset for Will County and our entire region, and create good jobs,” said Ann Baskerville, Conservation Organizer with the Sierra Club, Illinois Chapter, another plaintiff.

The transportation agencies prepared the studies in order to gain approval for the $1.5 billion proposed Illiana Toll Road, which has been assailed as economically unnecessary to the region and a likely endangerment to the Midewin National Tallgrass Prairie in Illinois. The defendant agencies include the U.S. Department of Transportation, the Federal Highway Administration, Illinois Department of Transportation, and Indiana Department of Transportation.

###

Victory in Federal Court! Illiana Tollway Tier 2 EIS “Invalid”

ELPC litigation success! U.S. District Court Judge Charles Norgle issued an Order yesterday holding that the federal and state transportation agencies’ approvals of the Tier 2 environmental impact statement and record of decision for the boondoggle Illiana Tollway are “invalid” and “no longer effective.” ELPC Staff Attorney Rachel Granneman and I are representing Openlands, Midewin Heritage Association and Sierra Club in this case.

Federal judges have now twice held in favor of ELPC and our clients that the federal and state transportation agencies’ environmental reviews of the proposed Illiana Tollway were invalid and illegal. The Illinois Department of Transportation (IDOT) and Indiana Department of Transportation (INDOT) impermissibly skewed their environmental reviews from the outset to somehow justify the proposed new Illiana Tollway. Their Tier 1 EIS, which was held to be illegal by the federal court on June 16, 2015, relied on improper methodologies to support the proposed Illiana Tollway and reject better alternatives. Their Tier 2 EIS relied on the flawed underlying Tier 1 EIS in then choosing among proposed corridors to build this tollway.

The new federal court decision yesterday ruled “invalid” and “no longer effective” the Tier 2 EIS approvals by IDOT, INDOT and the Federal Highway Administration. Accordingly, the court then stated that the case is now “moot” and dismissed the lawsuit. We are pleased that the federal courts have now held that both the Tier 1 and Tier 2 environmental impact statements are illegal and cannot be relied upon for the proposed new Illiana Tollway.

The U.S. District Court’s decision means that IDOT and INDOT must start over their environmental reviews from the beginning based on much more realistic data and do it right without impermissible shortcuts. However, if done right, that would very likely show that the proposed costly Illiana Tollway is not economically justified and is not environmentally sensible.

We’ve said it before, and we’ll say it again: The proposed new Illiana Tollway proposal is fiscally irresponsible, contradicts sound regional planning, and would harm the Midewin National Tallgrass Prairie. It’s time for IDOT and INDOT to stop wasting taxpayers’ money and time, and instead bring the boondoggle Illiana Tollway to its well-deserved end.

Thank you for your continued engagement and support. We’re winning.

Chicago Tribune: Illinois DOT Moving Forward with Illiana Tollway Project

Chicago Tribune

IDOT Still Moving Forward on Illiana Toll Road

By Susan DeMar Lafferty

October 8, 2016

The Illinois Department of Transportation is teaming up with Indiana to get the Illiana toll road back on track, according to a document filed in court recently.

A statement filed in US District Court Oct. 6 by John Fortmann, an IDOT engineer, said “IDOT is working cooperatively” with the Indiana Department of Transportation to address the environmental issues that caused the court to rule in June, 2015 that the Federal Highway Administration erred in approving the project, because the project’s environmental impact statement was the result of a “faulty” analysis.

The ruling was the result of a lawsuit filed by the Environmental Law and Policy Center, the Midewin Heritage Association, Openlands, and the Sierra Club, challenging the FHWA’s Record of Decision to approve the project.

The Illiana is a proposed $1.3 billion, 47-mile highway to connect Interstate 55 in Wilmington to Interstate 65 near Lowell, Ind., as a truckers’ alternative to Interstate 80.

It was suspended by Gov. Bruce Rauner shortly after he took office in January, 2015, due to the state’s budget crisis.

READ MORE

Post-Tribune: ELPC’s Grosboll Warns INDOT Funding for Illiana Study is Bad Idea

INDOT in line to resume study on Illiana project
by Carrie Napoleon
Post-Tribune

Local officials and opponents of the Illiana toll road say they were surprised to learn the Indiana Department of Transportation plans to make court-ordered corrections to the first phase of an environmental impact study for the stalled project and foot the bill. In a court filing April 25, INDOT has agreed to fund the technical work needed to comply with the court’s order in Openlands Et al. v. U.S. Department of Transportation et al., which last year found the study was flawed despite Illinois’ inability to move forward due to lack of funding.

State Sen. Rick Niemeyer, R-6th, said he has been reaching out to INDOT for the past several months in an effort to get an official statement on where Indiana stands on the highway project — whether it go forward, wait until Illinois has funding or scrap the effort – but has gotten no response.

“We know Illinois is on hold. I don’t understand why Indiana is not coming out with a statement on this for Indiana residents,” Neimeyer said. “I’m frustrated I haven’t got the answers back.”

KEEP READING 

Crain’s Chicago Business: ELPC’s Learner Warns Latest Illiana Funding is a Bad Move

Illinois, Indiana join in funding move to keep Illiana alive

by Greg Hinz

In the latest sign that the proposed Illiana Expressway still has a heartbeat, Illinois and Indiana appear to have reached a deal under which the latter will provide the cash needed for a key revamped environmental review of the controversial toll road.

In a document filed in U.S. District Court here today, the Indiana Department of Transportation said it has “agreed to fund the technical work needed to comply” with changes in the Environmental Impact Statement ordered by the court. That means that the Illinois Department of Transportation, whose funding has been limited by this state’s continuing budget stalemate, will not have to come up with money despite what the filing describes as “funding issues presented by IDOT.”

The filing indicates that repairs on the rejected EIS could be completed by the end of July.

Judge Jorge Alonso had ruled last summer that the environmental statement by IDOT and InDOT was “arbitrary and capricious,” failing to consider among other things a “no build” alternative to pouring dozens of miles of concrete through wildlife and plant havens between I-55 and I-65.

No exact figures have been disclosed, but it is believed that redoing the EIS is costing hundreds of thousands of dollars.

“The boondoggle Illiana Tollway seems to be the fiscal folly project that Gov. Rauner and his IDOT just can’t give up,” said Environmental Law & Policy Center attorney Howard Learner, who represents Openlands, the Midewin Heritage Association and other plaintiffs in the case. “Illinois has vital high-priority transportation projects that should not be diluted by pouring more public money into the Illiana Tollway.”

KEEP READING

Press Release: ELPC Blows the Whistle on Departments of Transportation Trying to Stall Illiana Litigation

FOR IMMEDIATE RELEASE  

ELPC Blows the Whistle on Departments of Transportation Trying to Stall Illiana Litigation

ELPC continues to battle against the boondoggle Illiana Tollway, which would cost taxpayers an estimated $1.3 billion, undermine sound regional planning and harm the Midewin National Tallgrass Prairie. In October, ELPC submitted a statement to an Illinois federal court insisting that the U.S. Department of Transportation, Illinois Department of Transportation, and Indiana Department of Transportation should not be allowed to put the lawsuit on hold until it decides to re-do the Environmental Impact Statement analysis for the proposed tollway at some future date. ELPC argued there are no merits to the transportation departments’ claims and charged they are using it as a stalling tactic to prevent a final administrative action.

ELPC achieved a significant victory in June 2015 when U.S. District Judge Jorge Alonso ruled the analysis used in the Illiana’s Tier One Environmental Impact Statement “arbitrary and capricious.”

In October, the transportation agencies asked U.S. District Judge Charles R. Norgle for a stay of litigation until July to give the agencies time to do additional analysis after Judge Alonso’s June decision. The agencies insist that they will perform a revised analysis when sufficient funds are made available to IDOT. Considering that Illinois is tangled up in a budget gridlock, it is unlikely those funds will materialize any time soon.

ELPC immediately blew the whistle on the transportation agencies in a statement to the federal court filed shortly after the stay of litigation was requested, asserting that a new analysis would not change the facts at the heart of the case.

ELPC Executive Director Howard Learner, who is the lead attorney representing Openlands, the Midewin Heritage Association and the Sierra Club, said, “Defendants fundamentally misunderstand the purpose of a stay, which is to put a case ‘on hold’ pending the outcome of a development that would in some way affect the outcome of the current case. This common-sense purpose is simply not met here. The fundamental issue here is the foundation has been invalidated. Tier 2 of the environmental impact statement, based on Tier 1, cannot stand. And the defendants are trying to stall.

“The second-stage environmental impact statement at the center of the suit was an administrative action which the public is allowed to appeal through the courts. Later changes to the assessment should therefore not affect the environmental group’s ability to pursue their challenge. There’s no such thing as a semi-final administrative action or a quarter-final administrative action. Once a final administrative action has been made, as it has here, it is appealable.”

ELPC will continue to monitor the transportation agencies’ actions in its continued efforts to bring the Illiana Tollway boondoggle to an end.

###

 

 

Press Release: FHWA Withdraws Appeal of Court Decision Finding that Illiana Tollway Environmental Review was Illegal

For Immediate Release

September 22, 2015

 FHWA Withdraws Appeal of Court Decision Finding that Illiana Tollway Environmental Review was Illegal

ELPC Says the Illiana Tollway Boondoggle Should End Now

CHICAGO – The Federal Highway Administration is voluntarily dismissing its appeal of the Federal District Court’s June 16, 2015 decision holding that the federal and state transportation agencies’ approvals of the Tier 1 Environmental Impact Statement and Record of Decision were “arbitrary and capricious” and violated the National Environmental Policy Act and Administrative Procedure Act.

As a result, the Illinois Department of Transportation’s and Indiana Department of Transportation’s fundamentally flawed environmental impact statement process must start over and use much more realistic data.

Howard Learner, Executive Director of the Environmental Law & Policy Center who serves as lead counsel for the Plaintiffs Midewin Heritage Association, Openlands and Sierra Club, said: “The Federal Highway Administration has withdrawn its appeal of the Federal District Court’s decision that invalidated the flawed environmental impact statement process for the proposed new Illiana Tollway.  It’s time for the federal and state transportation agencies to now bring the boondoggle Illiana Tollway to an end.”

“The Illinois and Indiana Departments of Transportation should stop wasting taxpayers’ money on the Illiana tollroad to nowhere that is contrary to sound regional planning and would damage the Midewin National Tallgrass Prairie,” Learner added.

On June 16, 2015 Federal District Court Judge Jorge Alonso issued an Opinion and Order determining that IDOT’s plan to build the Illiana Tollway was based on analyses that are “fatally flawed.” The Court concluded that the agencies violated the National Environmental Policy Act and used a circular logic to make their initial case about how the proposed Illiana Tollway will lead to population growth and traffic demand. They assumed traffic growth would be the same regardless of whether the costly proposed new Illiana Tollway was ever built or not. The Court remanded the Environmental Impact Statement and Record of Decision to be redone in accordance with the decision and applicable law.

###

 

 

 

 

ELPC’s Founding Vision is Becoming Today’s Sustainability Reality

Support ELPC’s Next 25 Years of Successful Advocacy

Donate Now