NICAN seeks injunction on U.S. 95 bypass
SANDPOINT - Another temporary restraining order and preliminary injunction is being sought to halt construction of the U.S. Highway 95 bypass.
The North Idaho Community Action Network filed the motion in Idaho's U.S. District Court on Monday.
The motion comes on the eve of ground-disturbing activities for the proposed Sand Creek Byway. The Idaho Transportation Department and contractor Parsons RCI are scheduled to meet Thursday to formally outline construction plans for the next several weeks.
Parsons, according to ITD officials, plans to begin dredging between the Cedar and Bridge street bridges this month. Work on piers and abutments for the structures across Sand Creek is also planned to start.
Construction on the bypass can proceed unless a federal judge grants NICAN's motion.
NICAN filed the motion as part of its lawsuit against the U.S. Army Corps of Engineers, which gave permit approval for the highway re-routing project about 13 months ago.
"The whole purpose of this really is to just maintain the status quo while the case is heard. The case will be fully briefed by the end of January, which is not that far away," said Liz Sedler, executive director of NICAN, which is fighting to protect Sandpoint's waterfront.
ITD intends to challenge NICAN's motion and pledges to proceed with the project, which has been fiercely debated for the last 50 years.
"Until there is a stop order, we're going forward," said Barbara Babic, ITD's spokeswoman for the Panhandle region.
The suit and the motion are being heard by Judge Edward Lodge, the same judge who rejected a previous lawsuit NICAN filed against ITD and U.S. Department of Transportation. In that action, NICAN argued the project was contrary to the National Environmental Policy Act, the federal charter for protecting the environment.
NICAN unsuccessfully appealed Lodge's dismissal to the 9th U.S. Circuit Court of Appeals.
The case against the corps alleges the project violates the federal Clean Water Act because the original design for the two-lane bypass is a less damaging practicable alternative than the current design. The revised design includes a shoreline extension on the east side of Sand Creek, which will be used to hold up part of the highway and provide room for a bike and pedestrian path.
The suit contends that a bike path through town or along the western shore of Lake Pend Oreille are viable alternatives which would have fewer impacts to Sand Creek. The suit also alleges the shoreline extension is forcing ITD to do habitat enhancements in Sand Creek, which only creates additional impacts.
"In other words, ITD is proposing to discharge additional fill into Sand Creek to 'mitigate' for the discharge of fill required for the shoreline extension," NICAN's counsel said in the motion.
The motion and supporting arguments were prepared by the Western Environmental Law Center in Montana and Coeur d'Alene attorney Scott Reed.
It was unclear on Tuesday when Lodge would rule on NICAN's motion.