State seeks change of venue in bypass lawsuit

ITD wants Idaho judge to rule on corps lawsuit

SANDPOINT - The Idaho Transportation Department is requesting a change of venue in a lawsuit opponents of the Highway 95 bypass filed against the U.S. Army Corps of Engineers.

Attorneys representing the North Idaho Community Action Network sued the corps in January over its approval of the proposed Sand Creek Byway. The suit was filed in U.S. District Court in eastern Washington, but counsel for ITD want the proceedings shifted to Idaho's federal court.

“We have asked that the venue for that lawsuit be changed to Judge Lodge, but the other side will probably be opposing that,” said Karl Vogt, a deputy attorney general who serves as lead counsel for ITD.

The motion for a change of venue was filed shortly before U.S. District Judge Edward Lodge rejected NICAN's lawsuit in Idaho challenging the Federal Highway Administration's approval of the U.S. 95 re-routing proposal.

Lodge issued an order on March 27 denying NICAN's request for summary judgment in its suit against FHWA, which alleged that ITD skirted federal regulatory guidelines and failed to address impacts to wetlands and the historic Sandpoint train depot.

“This was a positive move and we're hopeful that it will have a positive effect on the other legal actions that are pending,” said Barbara Babic, ITD's Panhandle spokeswoman.

Officials from NICAN dispute Lodge's ruling and plan to challenge it in the 9th U.S. Circuit Court of Appeals.

“ITD failed to take the required ‘hard look' at the impacts of the major changes in project design on Sand Creek,” Liz Sedler said in a statement following the Lodge decision.

The transportation department recently received permit approval from the Idaho Department of Lands, according to Babic. However, a coalition of Sandpoint businesses is undertaking an administrative appeal of the Idaho Department of Environmental Quality's permit approval.

“It hasn't held the project up, but they still have their appeal pending,” Vogt said of the DEQ challenge.

The $92 million bypass is expected to go out to bid by month's end.

NICAN, which opposes the bypass because of its impact on the waterfront and environmental resources, has indicated it would take action to thwart the bidding. NICAN is already seeking injunctive relief in its suit against the corps.

“They could also ask for a temporary restraining order or something like that. Potentially, that could impact the progress of the project if it was granted and if they could meet whatever bond requirements there were,” Vogt said.