South Mountain Freeway Appeal Rejected by Ninth Circuit

[Zonie]

http://www.ahwatukee.com/news/article_36700e8a-dc4b-11e7-892a-437bfc73c63c.html

Anti-freeway fight appears dead after court rejects appeal

By Paul Maryniak, AFN Executive Editor 4 hrs ago

The fight to stop the South Mountain Freeway apparently died today.

A federal appeals panel unanimously rejected all arguments against the South Mountain Freeway, and one of the lead attorneys for opponents said the legal battle to stop construction is over.

In a 12-page opinion dwarfed by thousands of pages filed by opponents, a three-judge panel for the U.S. Court of Appeals for the Ninth Circuit rejected all arguments by the Ahwatukee-based Protect Arizona's Resources and Children and the Gila River Indian Community.

"I'm very disappointed by the ruling,"  said PARC attorney Howard Shanker. "I think we might be done."

Shanker said he does not expect either the panel or the entire 16-mmember appellate court to grant a rehearing and that a opponents would have little to no hope of getting before the U.S. Supreme Court for even a hearing.

"There's really not a national issue to warrant a hearing"  by the entire Ninth Circuit,"  he said.

PARC President Pat Lawlis said, "Unfortunately, we have entered a time when our government can ignore its own laws and get away with it — even be encouraged to do so. The laws were made to protect the people from just this kind of action. So now the people get shafted.

"I am not sorry that we fought the good fight. Our next fight must be against government corruption,"  she added.

The ruling upholds U.S. District Judge Diane Humetewa's August 2016 ruling that the Arizona Department of Transportation and the Federal Highway Administration conducted a proper environmental study in determining the location of the 22-mile, eight-lane freeway that will connect the I-10 interchanges in Chandler and at 59th Avenue in West Phoenix and open in late 2019.

It also rejected arguments that the estimated 140,000 vehicles a day that would be using the freeway posed a significant health hazard to people living on the reservation and to thousands of children attending more than a dozen schools in the freeway segment going through Ahwatukee.

"Appellees adequately considered the proposed freeway's potential impact on children's health,"  the panel wrote. "We give deference to an agency's judgment when the agency undertakes "˜technical scientific analysis.'"

The panel also said the highway agencies performed adequate efforts to find alternative locations for the freeway.

The decision barely addressed arguments by the Gila Community and 21 tribes across the Southwest that the freeway would desecrate a sacred site, namely South Mountain, because crews will be blasting a 200-wide swath across three peaks next year.

The judges noted that the agencies already had agreed to protect three groundwater wells on the reservation and only said they "conducted planning to minimize harm to"  South Mountain and "related cultural resources."

A spokesman for the Gila River Indian Community could be reached immediately for comment.

But Shanker, a Club West resident, noted he has been working without payment for two years and said he was dismayed that his arguments and those of Native Americans were dispatched in such a short opinion.

The panel seemed to have signaled its attitude toward their case more than a year ago when the appeal of Humetewa's ruling was initially filed.

It rejected a request for a stay on construction pending the outcome of the appeal ­— and issued two subsequent rejections of the same request during different stages of the case.

During the oral argument before the panel in October, the three judges appeared unconvinced by any of the issues raised in some 10,000 pages of briefs and exhibits that had become part of the case.

One of the judges expressly said he was reluctant to substitute the court's judgment for the agencies' determinations.

A jubilant John Halikowski, director of ADOT, hailed the decision as "a clear victory for one of the nation's fastest-growing regions, ensuring that progress will continue on a project that will make this a better place to live and do business."

"ADOT has worked closely with the city of Phoenix, the Maricopa Association of Governments and Federal Highway Administration to develop the most extensive environmental review of any highway project to date in Arizona, and the courts have taken notice of this by ruling in favor of this project at every step," he said.

"We're committed to delivering on a promise to Maricopa County voters to complete the Loop 101 and Loop 202 system that will connect communities and employment centers while helping position the Phoenix area for continued growth and opportunity,"  Halikowski added.

Major construction on freeway began early this year with interchanges  taking shape at 17th Avenue and 40th Street in Ahwatukee, two half-mile-long bridges in Laveen that will provide a much-needed grade separated crossing over the Salt River and a skyline of flyover ramps around 59th Avenue in West Phoenix.

[Max Rockatansky]

Any protest is probably done after getting shot down so decisively in a Federal Court.

[Pink Jazz]

Major victory for the Phoenix area and Arizona.  Even one of the nation's most liberal appellate courts apparently wouldn't stop the freeway.

[Hurricane Rex]

Major victory for the Phoenix area and Arizona.  Even one of the nation's most liberal appellate courts apparently wouldn't stop the freeway.

For once liberals have some common sense about freeways and not just on light rail and mass transit.

[Occidental Tourist]

Link to the opinion.

[SP Cook]

As we know, these type of legal tie up are often about delay as much as anything.  Courts must start using their powers, including Rule 11 (B) to punish lawyers and plaintiffs who file baseless lawsuits, and their powers under injunction practice to force lawyers and plaintiffs pay 100% of the costs of the delays.  As I understand this case, everyone involved should be reduced to abject poverty, having cost society millions of $$ in delays.

[triplemultiplex]

Great.  Then the same logic can be applied to folks who try and stop high speed rail projects, transit projects, etc. because they don't like them.

[CtrlAltDel]

As we know, these type of legal tie up are often about delay as much as anything.  Courts must start using their powers, including Rule 11 (B) to punish lawyers and plaintiffs who file baseless lawsuits, and their powers under injunction practice to force lawyers and plaintiffs pay 100% of the costs of the delays.  As I understand this case, everyone involved should be reduced to abject poverty, having cost society millions of $$ in delays.

Pink Jazz has suggested throwing opponents of the freeway in prison. But I think that's small potatoes. You two should get together and start an excessive overreaction lobbying group with the goal of finding a legal way to have them and their families killed. 

[i-215]

As we know, these type of legal tie up are often about delay as much as anything.

Yep yep yep!

"There's a saying in politics: if you can't do anything, delay." - Henry Francis, "Mad Men" Season 3, Episode 8

[silverback1065]

so was this about the 5 mile gap around south mountain park?  I don't know much about Phoenix, I'm going to be there Friday though, I've been researching the highways in the area, and found out about this.  Is this project really necessary?  I don't know anything about the traffic patterns here, is it supposed to still tie into an area near 59th ave, or at loop 303?  Where are the worst bottlenecks in phoenix?

[Zonie]

so was this about the 5 mile gap around south mountain park?  I don't know much about Phoenix, I'm going to be there Friday though, I've been researching the highways in the area, and found out about this.  Is this project really necessary?  I don't know anything about the traffic patterns here, is it supposed to still tie into an area near 59th ave, or at loop 303?  Where are the worst bottlenecks in phoenix?

Yes, it is necessary.  The five mile stretch of I-10 from Chandler to US 60 can take up to 40 minutes some mornings. 

[silverback1065]

so was this about the 5 mile gap around south mountain park?  I don't know much about Phoenix, I'm going to be there Friday though, I've been researching the highways in the area, and found out about this.  Is this project really necessary?  I don't know anything about the traffic patterns here, is it supposed to still tie into an area near 59th ave, or at loop 303?  Where are the worst bottlenecks in phoenix?

Yes, it is necessary.  The five mile stretch of I-10 from Chandler to US 60 can take up to 40 minutes some mornings.

But bruh, mass transit

[Max Rockatansky]

so was this about the 5 mile gap around south mountain park?  I don't know much about Phoenix, I'm going to be there Friday though, I've been researching the highways in the area, and found out about this.  Is this project really necessary?  I don't know anything about the traffic patterns here, is it supposed to still tie into an area near 59th ave, or at loop 303?  Where are the worst bottlenecks in phoenix?

Yes, it is necessary.  The five mile stretch of I-10 from Chandler to US 60 can take up to 40 minutes some mornings.

But bruh, mass transit

Virtually non-existent in Phoenix.  There isn't any way the light rail or the Metro buses can make up for a new freeway.

[silverback1065]

so was this about the 5 mile gap around south mountain park?  I don't know much about Phoenix, I'm going to be there Friday though, I've been researching the highways in the area, and found out about this.  Is this project really necessary?  I don't know anything about the traffic patterns here, is it supposed to still tie into an area near 59th ave, or at loop 303?  Where are the worst bottlenecks in phoenix?

Yes, it is necessary.  The five mile stretch of I-10 from Chandler to US 60 can take up to 40 minutes some mornings.

But bruh, mass transit

Virtually non-existent in Phoenix.  There isn't any way the light rail or the Metro buses can make up for a new freeway.

i know, just trolling

[kdk]

so was this about the 5 mile gap around south mountain park?  I don't know much about Phoenix, I'm going to be there Friday though, I've been researching the highways in the area, and found out about this.  Is this project really necessary?  I don't know anything about the traffic patterns here, is it supposed to still tie into an area near 59th ave, or at loop 303?  Where are the worst bottlenecks in phoenix?

Yes, it is necessary.  The five mile stretch of I-10 from Chandler to US 60 can take up to 40 minutes some mornings.

Also, don't forget the WB I-10 approaching downtown and points westward that starts backing up daily around 2:30 pm, and also spills over into the SB 51 and WB 202.  The SMF will at least take some pressure off of this.  There are a lot of West Valley residents who work in Tempe/Chandler who commute each day.  Their evening commute times must be getting insane.  I don't think this will completely relieve it but it will certainly help.

[Zonie]

so was this about the 5 mile gap around south mountain park?  I don't know much about Phoenix, I'm going to be there Friday though, I've been researching the highways in the area, and found out about this.  Is this project really necessary?  I don't know anything about the traffic patterns here, is it supposed to still tie into an area near 59th ave, or at loop 303?  Where are the worst bottlenecks in phoenix?

Yes, it is necessary.  The five mile stretch of I-10 from Chandler to US 60 can take up to 40 minutes some mornings.

Also, don't forget the WB I-10 approaching downtown and points westward that starts backing up daily around 2:30 pm, and also spills over into the SB 51 and WB 202.  The SMF will at least take some pressure off of this.  There are a lot of West Valley residents who work in Tempe/Chandler who commute each day.  Their evening commute times must be getting insane.  I don't think this will completely relieve it but it will certainly help.

I live in Ahwatukee and commute to North Scottsdale (Kierland).  It was 90 minutes to get in this morning, and depending on accidents at night, almost as bad getting home.  I've seen 40 minutes to get from 24th Street to US 60 some nights.

[Zonie]

Another nuisance suit from the Ahwatukee NIMBY crowd.

http://www.ahwatukee.com/news/article_1aead9ec-0c4d-11e8-9c2d-1fe39224f4f8.html

[DJStephens]

so was this about the 5 mile gap around south mountain park?  I don't know much about Phoenix, I'm going to be there Friday though, I've been researching the highways in the area, and found out about this.  Is this project really necessary?  I don't know anything about the traffic patterns here, is it supposed to still tie into an area near 59th ave, or at loop 303?  Where are the worst bottlenecks in phoenix?

Viewed the project site last week.  They (ADOT) appear to be constructing from both ends, to meet in the middle.   A lot of blasting and earthwork being done on the Pecos Road section.  Several overpasses are already in place.   The flyovers at 59th Ave and I-10 are roughly half done.  A short section directly south of the I-10 junction appears done, the (Roosevelt Ave) overpass.  The alignment crosses 59th Avenue, from it's east side, to west side several blocks south of the I-10 flyovers, although no evidence of it is visible yet.   Most businesses (industrial) along the west side of 59th Ave. have been either vacated or leveled.   Bridge piers and pier caps are up at Buckeye and Lower Buckeye Roads.   A lot of earthwork being done along 59th Avenue alignment - the approaches for the overpasses of the E-W arterials.   Would have argued for a tie into Loop 101, but can understand the routing here - it passes through largely vacant and or industrial properties.   A path of least resistance.  Loop 303 is significantly farther west.   Was surprised on this tour of the construction zone, had thought the 59th Ave corridor was significantly more built up, but it offers quite a bit of open land.   

[kdk]

so was this about the 5 mile gap around south mountain park?  I don't know much about Phoenix, I'm going to be there Friday though, I've been researching the highways in the area, and found out about this.  Is this project really necessary?  I don't know anything about the traffic patterns here, is it supposed to still tie into an area near 59th ave, or at loop 303?  Where are the worst bottlenecks in phoenix?

Viewed the project site last week.  They (ADOT) appear to be constructing from both ends, to meet in the middle.   A lot of blasting and earthwork being done on the Pecos Road section.  Several overpasses are already in place.   The flyovers at 59th Ave and I-10 are roughly half done.  A short section directly south of the I-10 junction appears done, the (Roosevelt Ave) overpass.  The alignment crosses 59th Avenue, from it's east side, to west side several blocks south of the I-10 flyovers, although no evidence of it is visible yet.   Most businesses (industrial) along the west side of 59th Ave. have been either vacated or leveled.   Bridge piers and pier caps are up at Buckeye and Lower Buckeye Roads.   A lot of earthwork being done along 59th Avenue alignment - the approaches for the overpasses of the E-W arterials.   Would have argued for a tie into Loop 101, but can understand the routing here - it passes through largely vacant and or industrial properties.   A path of least resistance.  Loop 303 is significantly farther west.   Was surprised on this tour of the construction zone, had thought the 59th Ave corridor was significantly more built up, but it offers quite a bit of open land.

Interesting to hear how fast this seems to be progressing, I haven't been in the area during the daytime lately to see all this yet.

You are correct about the starting on the ends,  I guess the last area not under construction is where both ends will meet in the middle, and that is just getting going- https://queencreekindependent.com/news/work-begins-on-center-stretch-of-s-mountain-freeway-corridor/

Part of the reason though that the 59th Ave corridor isn't as developed as say 51st Ave or even 75th Ave was that this was planned for over 20 years, and even though the SMF was on again off again at times, the corridor was mostly preserved while it was still mostly open space. 

The main reason that the 202 wasn't selected to connect to the 101 was because the small community of Tolleson is directly in the path.  There would have been much more in the way of homes and businesses to remove in the path.

[DJStephens]

   Saw the drone video and detailed pics on the other thread on this project after posting this.   Thanks, those were great.   Kind of amazing how fast this seems to be getting done.   Unfortunately it is too close into town, as to be an effective bypass for through trucking and other traffic.  That believe would have been an effective argument for the tie in to Loop 101.  There is talk of a "Route 30 frwy" that is supposed to be routed west from the Durango curve, on the old highway, I-17, E-W through industrial properties to eventually the Loop 303 southward extension from I-10 in Buckeye.   
  Went to an orientation testing session for AZ corrections, at Lewis on Mon March 5th.  South of Buckeye on route 85.  There was a wreck on eastbound I-10 at about 5 AM.  Traffic was backed up for over 5 miles, on eastbound I-10, before 630 AM.