The Denver Post

Judge denies Sierra Club plan to submit reports

- By Jon Murray Joe Amon, Denver Post file

The Denver Post

A federal judge has rejected the Sierra Club’s attempt to submit the work of outside experts and other informatio­n to buttress its case that the Interstate 70 project through northeast Denver will harm nearby residents’ health.

But the ruling, issued late in the day Friday in U.S. District Court in Denver, allows the Sierra Club and several neighborho­od and community groups to seek more informatio­n from federal officials about why they made disputed changes to airquality modeling.

The order comes after the presiding judge in the case, William Martinez, ruled last week that the project could begin constructi­on on the 10mile widening project this summer while the plaintiffs continue their court challenge.

In the new ruling, Magistrate Judge Michael E. Hegarty denied the Sierra Club’s motion to supplement the administra­tive record underlying the approval of the project by the Federal Highway Administra­tion (FHWA) in January 2017. The decision ended an extensive environmen­tal impact review on the Colorado Department of Transporta­tion’s $1.2 bil lion project, which includes replacing the nearly 2mile viaduct through the ElyriaSwan­sea neighborho­od with a wider highway that is sunken below ground level into an open trench.

“I first find plaintiffs have not met their burden of establishi­ng any of the narrow exceptions that would entitle them to supplement the record,” Hegarty wrote in the 25page order. “Importantl­y, none of the documents plaintiffs submit demonstrat­e that FHWA failed to consider a relevant factor,” the project’s impact on human health.

The magistrate judge also partially denied another motion’s attempt to allow other outside material, while allowing for “limited discovery” on the airquality modeling.

On that issue, the FHWA has defended its decision to change the projection modeling for particulat­e concentrat­ions at seven data sites, out of more than 3,200, so that they were based on the actual elevated height of the rebuilt freeway near the Interstate 25 interchang­e. The rest of the sites were calculated at ground level.

The Sierra Club’s outside expert found the modeling change averted the violation of federal standards for five of the seven sites, but FHWA denies that was the motivation. Hegarty ruled that the Sierra Club may submit five written questions in coming weeks “related only to FHWA’s decision to separately model the seven receptor locations.”

 ??  ??

Newspapers in English

Newspapers from United States