9th Circuit issues stay against Sand Creek Bypass

SANDPOINT — An emergeny injunction was issued by the U.S. 9th Circuit Court of Appeals against the Sand Creek Bypass project late Wednesday afternoon.

While details were sketchy at deadline, an injunction would halt construction of the U.S. Highway 95 bypass.

“We got the injunction,” North Idaho Community Action Nentwork executive director Liz Sedler said. “If they didn’t think the case had any merit, they would not have granted the injunction.”

The injunction will stop construction until the court hears the appeal. Oral arguments set for the week of Aug. 25.

North Idaho Community Action Network had filed the request with the U.S. 9th Circuit Court of Appeals.

NICAN initially asked the court for a decision on the injunction by Friday. Sedler said the decision was made after the Idaho Transportation Department confirmed it would not be starting construction on the $98.4 million project this week.

The Idaho Transportation Board awarded the bid to Parsons RCI last month, clearing the way for construction to start this summer.

NICAN is appealing a U.S. District judge’s dismissal of a lawsuit against the Federal Highway Administration’s approval of the project. The appeal is pending in the U.S. 9th Circuit Court of Appeals.

The injunction seeks to stay construction until a ruling is made on the appeal.

NICAN contends the project violates the National Environmental Policy Act and other federal regulations.

The group argues in court documents that the bypass will transform Sandpoint’s picturesque waterfront into an elevated, three-lane interstate.