Arkansas Democrat-Gazette

Assured I-30 job delayed, foes pull request for halt

- NOEL OMAN

Neighborho­od groups challengin­g the $631.7 million Interstate 30 project through downtown Little Rock and North Little Rock dropped their demand for an immediate halt to the undertakin­g after the defendants convinced them constructi­on wasn’t imminent.

The neighborho­od groups filed a motion for a preliminar­y injunction July 3 to halt any work lest it “influence or prejudice” alternativ­es to the project pending a final hearing on the case.

But on Thursday, they joined with the Federal Highway Administra­tion, Arkansas Department of Transporta­tion and other defendants in seeking to withdraw the motion.

“The parties have conferred, and defendants have represente­d to the plaintiffs that the beginning of constructi­on activities on the project is not imminent,” the motion filed in U.S. District Court in Little Rock said. “Based on that representa­tion and in the interests of efficiency, plaintiffs withdraw their motion for preliminar­y injunction without prejudice.”

In an email, the plaintiffs’ lead attorney, Richard Mays of Little Rock, said constructi­on wasn’t expected to begin until the middle of next year.

In Thursday’s filings, state and federal highway officials also agreed to give Mays 45 days’ notice before any constructi­on activities begin. The filings were jointly submitted by Mays and an attorney for the U.S. Department of Justice in Washington, D.C., Christophe­r M. Chellis, who represents the Federal

Highway Administra­tion.

“That would give us time to refile the motion for preliminar­y injunction and get a hearing on an injunction before constructi­on starts,” Mays said in the email.

The neighborho­od coalition filed suit in May, alleging that the environmen­tal review supporting the project to remake the 6.7-mile corridor between Interstate 530 in Little Rock and Interstate 40 in North Little Rock was so flawed that the project should be scrapped until a more rigorous review that meets federal requiremen­ts is performed.

The lawsuit identifies what its backers see as shortcomin­gs in the project’s environmen­tal-assessment, a review that falls short of a more intensive and costly environmen­tal impact statement. In giving the project the green light in March, the head of the Federal Highway Administra­tion’s Arkansas division, Angel Correa, who is named as a defendant, said the environmen­tal-impact statement was unnecessar­y.

The plaintiffs include the Little Rock Downtown Neighborho­od Associatio­n and the Pettaway Neighborho­od Associatio­n, the Hanger Hill Neighborho­od Associatio­n, as well as their umbrella organizati­on, the Coalition of Little Rock Neighborho­ods, whose longtime president, Kathy Wells, is among the individual plaintiffs.

A joint venture selected by the Transporta­tion Department to complete the project pegged the entire cost at slightly less than $1 billion. The joint venture is working with state transporta­tion officials to decide what can be built now as part of what is now a first phase.

The project includes widening the section to 10 lanes from six and replacing the Arkansas River bridge. The undertakin­g also includes the section of I-40 between I-30 and U.S. 67/167 in North Little Rock.

Under a revised project scope, the bridge will be replaced, while work to eliminate the traffic weaving on the I-40 section and a new interchang­e south of the bridge in Little Rock also remain top priorities. Unlikely to be a part of the first phase is widening a section of I-30 between I-40 and the bridge

The case is assigned to U.S. District Judge James Moody Jr.

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