Court Rules I-93 Widening Failed to Properly Consider Traffic and Environmental Impacts

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Colin Durrant, CLF Director of Communications
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Concord,  NH (August 30, 2007) A federal judge today ruled that the N.H.  Department of Transportation (NHDOT) and Federal Highway Administration  (FHWA) failed to appropriately consider the traffic congestion and air  quality impacts of the planned 20-mile, $700 million I-93 widening  project.

As  a result of a lawsuit filed by the Conservation Law Foundation (CLF)  pursuant to the National Environmental Policy Act (NEPA), Judge Paul  Barbadoro today ordered the two agencies to complete a Supplemental  Environmental Impact Statement to address significant deficiencies in  NHDOT’s and FHWA’s planning and review of the proposed project.

In particular, the Court in its ruling agreed with CLF that:

• The transportation agencies’ projections of future traffic demand on the highway were based on outdated population data.
• The agencies improperly failed to account for the  traffic growth associated with additional population growth that would  be induced by the proposed highway expansion.  According to population  growth projections conducted during the NEPA process, but ignored by the  agencies in their traffic analysis, population increases induced by the  proposed project could cause the highway to reach severe “failure”  levels of congestion by 2020 – a fact never made known to the public  during the public review process.
• Because of its failure to properly assess future  traffic growth as a result of population growth due to the project, the  agencies failed to assess the impacts of the widening  on air quality,  and on secondary roads.

“For  years, we have urged the agencies to address traffic growth and air  pollution, to accurately inform the public of the true impacts of this  project,” said CLF staff attorney Tom Irwin.  “It’s regrettable that it  had to take a court order to obtain this relief.”

“In  light of the significant funding crisis facing New Hampshire’s  transportation system, it’s essential that the public and government  officials be fully informed of the true costs and benefits of such a  massive investment of public dollars,” added Irwin.  “Only then can a  truly informed decision be made about how to proceed with this project.   In the end, we continue to believe the only way to truly resolve the  congestion problems facing I-93 will be to complement some degree of  highway improvement with commuter rail.  Simply paving our way out of  this problem is not a solution.”

CLF  filed suit in February 2006 charging that the transportation agencies  violated the requirements of the National Environmental Policy Act by  unlawfully refusing to consider commuter rail as part of the solution  for reducing congestion, failed properly to assess the impacts caused by  future traffic growth, and ignored data showing the project will fail  within a few short years of its construction.

CLF  expressed regret that it took more than five years and a court order to  fulfill the requirements of federal law. “It’s unfortunate that after  years of foot-dragging, it took a court order to tell federal and state  agencies to do their job,” Irwin continued. “We now stand ready to work  with the transportation agencies and government officials to develop a  balanced transportation plan that reduces traffic and air pollution -  including greenhouse gases that cause global warming – and protects New  Hampshire’s unique communities.”

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The  Conservation Law Foundation works to solve the most significant  environmental challenges facing New England.  CLF’s advocates use law,  economics and science to create innovate strategies to conserve natural  resources, protect public health and promote vital communities in our  region.  Founded, in 1966, CLF is a nonprofit, member-supported  organization with offices in Maine, Massachusetts, New Hampshire, Rhode  Island and Vermont. Visit us on the web at: www.clf.org.