Alabama's Planned $5.4B Freeway Embroiled in Second Lawsuit

BRADENTON, Fla. – A federal permit improperly allows the Alabama Department of Transportation to begin work on the 52-mile, $5.4 billion “Northern Beltline” project near Birmingham, according to a federal lawsuit filed by the Southern Environmental Law Center.

The Corps of Engineers failed to follow requirements of the Clean Water Act and the National Environmental Policy Act when permitting a 1.86-mile section of the project, which improperly segments the route, said the suit filed Friday in Middle Alabama District Court on behalf of the Black Warrior Riverkeeper Inc., a local nonprofit environmental group.

The suit also cites the bankruptcy of Jefferson County, which includes Birmingham, as a reason why the project deserves reevaluation.

“The Northern Beltline will cross and permanently alter Black Warrior and Cahaba river tributaries in 67 places,” said Riverkeeper spokesman Nelson Brooke. “ALDOT and [the Federal Highway Administration] have not adequately studied impacts to water resources and wildlife along the entire chosen route, which is the longest and most environmentally destructive of the seven routes considered.”

The Beltline’s environmental impact statement was approved in 1997. ALDOT submitted an update that included several alignment shifts in September 2011.

The FHA signed off on the update. The agency should have required an in-depth supplemental environmental statement to be prepared, according to the lawsuit.

The complaint also said the Beltline was originally contemplated as a four-lane highway in 1997, and later became a six-lane route with elements that would allow it to be expanded to eight lanes.

Other changes in circumstances that should require more study include the fact that Jefferson County filed for bankruptcy in November 2011 with $4.1 billion of debt. Some $3.2 billion is tied to the county’s over-leveraged sewer system.

The suit said “there is little or no sewer infrastructure in the vicinity of the Northern Beltline project, casting doubt on this project’s ability to spur economic growth,” a factor cited in the environmental impact statement to support the project’s need along with increasing cross-region accessibility.

David Denard, the chief of Jefferson County’s Environmental Services, reportedly has said that extending the sewer system to the Beltline area would be difficult because of its “up and down” topography, and potential lack of density to make an extension economical, the complaint said.

Black Warrior Riverkeeper has a separate suit pending that seeks an order requiring that a supplemental environmental statement be done.

The project is planned as a freeway. State officials, who are relying largely on federal funds to pay for construction, have said that it could take as long as 35 years to complete. Gov. Robert Bentley has said it will be constructed “in the most environmentally responsible way possible.”

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Transportation industry Bankruptcy Alabama
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