Injunction sets stage for court hearing

ITD: Ruling only delays construction of bypass

SANDPOINT - The future of the Sand Creek Byway may be in jeopardy after the Ninth Circuit Court of Appeals issued an emergency injunction Wednesday that halts construction on the polarizing project.

The split-decision ruling will stay construction of the U.S. 95 bypass while the court hears an appeal from the North Idaho Community Action Network, which claims the project violates the National Environmental Policy Act and other federal regulations.

The ruling is a clear victory for NICAN, who have been on the losing end of several recent court decisions concerning the byway, including U.S. District Judge Edward Lodge's March rejection of NICAN's original suit, which paved the way for an appeal to the Ninth Circuit.

In the suit, NICAN argues the Federal Highway Administration acted arbitrarily and capriciously when it approved the Sand Creek Byway proposal.

“I'm certainly elated and pleased that the Ninth Circuit saw it our way and recognizes the fact that there's going to be irrevocable harm if this thing goes forward,” said Liz Sedler, executive director of NICAN.

“They obviously agree that our legal claims have merit, because otherwise it would have never gotten an injunction.”

The court voted 2-1 in favor of the injunction, with Judge Sandra Ikuta dissenting.

“I agree with the district court that the North Idaho Community Action Network has not demonstrated that it has a fair chance of success on the merits of its claim,” Ikuta said in court documents.

Neither of the two Judges who voted in favor of the injunction, Mary Schroeder and Michael Daly Hawkins, gave written statements explaining their reasoning.

While they admit the decision is a setback for the project, Idaho Transportation Department officials remain confident the project will move forward.

“This has accomplished nothing more than delaying the project, but we're going to be successful in defending it,” said Barbara Babic, ITD's District 1 spokeswoman.

One positive aspect of the ruling, according to Babic, is that the court intends to fast track the issue and will not allow either party added time to file briefs.

“We appreciate the fact that the court has expedited the schedule for hearing the appeal,” Babic said. “The court was pretty clear that they're not going to let this one languish.”

In June, the Idaho Transportation Board approved a $98.4 million bid from Parsons RCI to complete the 2.1 mile byway, and construction was slated to began as early as next week, according to Babic.

The board, which toured the bypass site Wednesday, has been informed of the ruling and continues to be steadfast in its support of the project, Babic said.

Designed to alleviate traffic congestion, the Byway project has been one of the most hotly-bated issues in Bonner Country for at least 50 years.

The full hearing is scheduled for the week of Aug. 25, in Seattle, Wash.