Court: N.C. Garden Parkway violates federal law
Environmental groups are celebrating what they call the “final killer blow” to the Garden Parkway plan in North Carolina.
A March 13 federal court ruling found an environmental review of the proposed 21.9-mile toll road project violated federal law. The ruling vacates a record of decision for the project.
“Judge (James) Dever’s ruling marks the end of a long-fought struggle opposing this destructive project, which would have crossed Lake Wylie twice,” said Catawba Riverkeeper Rick Gaskins.
The case against the North Carolina Department of Transportation and the Federal Highway Administration was brought by Clean Air Carolina and the Catawba Riverkeeper Foundation.
“The combined impact of the highway and the related sprawl would have had a significant negative impact on Lake Wylie, and the water that we use for swimming, fishing and drinking,” Gaskins said.
The case began in summer 2012. The parkway, a project more than a decade in the making, was conceived to connect the airport area of Charlotte and I-85 west of Gastonia. It is planned as a toll road.
“Our legal team is reviewing the details of the decision,” a department of transportation press release states. “Until that thorough review is complete, NCDOT will not be able to provide additional comment on this matter.”
Dever’s ruling criticizes demographic forecasting and environmental issues.
“Defendants made an unsupported assumption that growth in the Metrolina region would remain constant regardless of whether the Garden Parkway was built,” it reads. “In so doing, they failed to take a hard look at the environmental impacts of the proposed Garden Parkway.”
If the project moves forward, planners must correct environmental assessment errors.
“Agencies may not take any action that would have an adverse environmental impact or limit the choice of reasonable alternatives until they issue a record of decision,” the ruling states.
Environmental groups say the decision, along with the loss of state-earmarked funding for the $900 million project, makes it unlikely the parkway will be built.
“This is a tremendous victory for the citizens of the region,” Gaskins said. “We hope NCDOT will focus on spending our taxpayer dollars on more responsible transportation solutions.”
John Marks • 803-831-8166
Timeline
▪ 2001 NCDOT begins studying Garden Parkway.
▪ 2002 In October, the North Carolina General Assembly creates the North Carolina Turnpike Authority.
▪ 2002-04 Parkway leaders identify six alternatives to the project that wouldn’t require a new roadway.
▪ 2005 Team eliminates all of those alternatives as it projects future traffic needs through 2015.
▪ 2005 In September, project leaders narrow down 90 possible routes to 16 recommended “detailed study alternatives.”
▪ 2009 In April, the Turnpike Authority publishes a draft environmental impact statement featuring 12 possible routes.
▪ 2009 In the summer, the Turnpike Authority holds a public comment period for alternative No. 9, the current parkway route with two Lake Wylie crossings.
▪ 2010 In August, project leaders release a report projecting 3,700 more homes but 300 fewer jobs in the project area if the road is built, compared to building nothing.
▪ 2010 In December, leaders release the final environmental impact statement confirming the alternative No. 9 route.
▪ 2011 In April, the Gaston County Chamber of Commerce publishes a report stating a total increase of 11,328 homes and 17,828 jobs for the county if the parkway is built.
▪ 2012 In February, a final record of decision is release confirming the project route.
▪ 2012 Environmental groups twice ask for a report on the methodology used in environmental assessments and are denied.
▪ 2012 In August, environmental groups file the action against project leaders leading to the recent decision.
This story was originally published March 17, 2015 at 1:16 PM with the headline "Court: N.C. Garden Parkway violates federal law."