On Wednesday, the 9th Circuit Court of Appeals upheld a previous ruling that prevents construction on a highly debated access road project.
Circuit Judge Mary M. Schroeder opined that the Juneau Access Improvement Project failed to consider alternatives for improving the existing ferry service, a decision ruled by Judge John Sedwick of the Alaska District Court in February 2009.
The project in question involves a nearly 51-mile road along Lynn Canal and the construction of a new ferry terminal.
Six environmental groups were the plaintiffs against the State of Alaska plus the Federal Highway Administration, U.S. Forest Service, U.S. Department of Transportation and U.S. Department of Agriculture.
Wednesday’s ruling affirmed that the Environmental Impact Statement violated the National Environmental Policy Act by failing to consider plans for improving and making use of the ferry infrastructure already in place as an alternative.
“We’re very encouraged by the court ruling. They applied the common sense approach to their review, evaluating and taking a hard look at the ferry service,” said Southeast Alaska Conservation Council Executive Director Lindsey Ketchel.
“It is the right decision. The Federal Highway Administration and the Forest Service failed to look at the most obvious alternative, which is to improve access to Juneau using existing ferries,” SEACC Grassroots Attorney Buck Lindekugel said in a release. “Why should we build an expensive and unnecessary road — which will still require a ferry connection — when improved ferry schedules, fares and other service could meet community needs?”
Improving the existing ferry system is something the plaintiffs hold as a better answer than the new road.
“The decision reaffirms the State’s obligation to seriously consider for the first time the one alternative that could improve access and save hundreds of millions of taxpayer dollars: better ferry service in Lynn Canal with existing boats,” Eric Jorgensen, an Earthjustice attorney in the case, states in the release.
“They erred in not considering improved ferry service, and clearly, this half a billion dollar road was going to pull money from many communities that need improvements,” said Jan Wrentmore, chair of the Skagway Marine Access Commission. “It was very reaffirming that the court saw the process was flawed, and we testified year after year on this issue that they were not considering giving improved marine access the consideration it deserved.”
Wrentmore said the group has been working on this issue since 1997.
The Alaska Department of Transportation & Public Facilities states the road project is intended to provide easier, less expensive access to the capital. The fate of the project is not yet known.
“The Alaska Department of Transportation & Public Facilities is disappointed in the ruling, but we will be exploring our options with the Federal Highway administration and the governors office. It is too early to say what that course of action will be,” said Chef Communications Officer Brenda Hewitt.
“In the end it should be grounded in economic reality. We think we’re reaching a time when federal spending needs to be frugal. We feel by investing and improving and encouraging the current ferry system, we’ll be meeting the state’s needs quicker and at a price tag the state can afford,” said Ketchel.
• Contact reporter Jonathan Grass at 523-2276 or jonathan.grass@juneauempire.com.
Comments (44)
Add commentGlad they have the bucks
I wonder how many of the "attorneys” have tried to get from Juneau to Haines by the ferries? People that have a road system can get off work on a Friday night and drive to a different town or city or camp site for the weekend. Those of us in Juneau have to get the ferry on their time which is like on Thursday and get back on Monday so it makes it so you have to take time off of work just to get a weekend out of town and then there is the cost of the ferry 300+ dollars when those on a road can just drive to say a camp ground for the weekend for the “to high cost of gas” and let the weeks stress go but not us we have to make schedules etc just to have weekend out of town so the weeks stress never leaves. I would like them all to walk a mile in my moccasins with my income before they say the ferries will work. They don't..........
When cutting Federal Budget
Start with Federal courts and eliminate all non-criminal activity from their dockets. By eliminating all these frivolous, procedural policy disputes brought by economic, environmental terrorists the court could be reduced by 65 percent.
As a bonus, Americans will experience loads of local job opportunities, reduce taxes and economic prosperity!
End Of The Road To Nowhere
Thanks to Mike Miller & Dean Williams for their long-time advocacy for leaving Lynn Canal as it is, without this cliff-hanging road. The Juneau road debacle has been a top DOT pipedream for 50 years. This 9th Circuit ruling is the final end of it. Thanks, Mike, Dean, SEACC and Earthjustice!
Dollars
"Improving the existing ferry system is something the plaintiffs hold as a better answer than the new road."
Why don't you granola crunchers pay for the ferry service!? You seem to have tons of money to pay for litigation. Then maybe you will see the real cost of providing ferry service, such as it is.
Can't have it both ways
I have no vested interest in wherever this road goes. But, it's interesting that it seems to be coming from people that would also say "if you don't like Juneau the way it is, leave".
A road does seem the better alternative, but is it in this case? Guess the same argument could be said about Juneau taxpayers paying for private industry subsidies on the waterfront.
yesbut, did you miss it?
The part where the road ends in - wait for it - a ferry terminal? You'd still have potential mechanical issues. You'd still have scheduling issues. You'd still have cost issues associated with ferries. And an additional 51 miles of road the city would have to pay to maintain summer and winter.
It Was A Big Boondoggle
Rife with kick-backs and backroom deals, let's say good-bye to this stupid idea.
Drillers at Berners Bay to site a bridge drilled 300 feet without hitting anything to set pilings on, huge avalanche chutes, and the unanswered question of how would walk-ons even get to the new terminal at the end of the highway -- a real expensive taxi ride maybe?
I now wait for the new Alaska-class ferries with great anticipation.
Opinioned?
I'm pretty sure opinion is not a verb. Classic.
yawn,
great decision from the Ninth Circuit, but there's no funding for this half billion dollar road, so the court made legally certain what was already practically certain -- the road to nowhere is not going anywhere for a long time.
opinioned
It should be opined.
Ferry yes and no
Swimmergirl I am not ageist a ferry system if it worked and ran everyday to Haines but they don't then you have the boarder that is only open so many hours each day so the way it is now you can get stuck in Haines or Canada for a day if they ran the same time everyday 7 days a week not just 2 or 3 times a week and then you never know what time it will be as it is different boats each time. They make is so the common working person cannot do it. That is the point......
Just Wondering
What exactly is "improved ferry service"?
From the traveler's point of view, it would be very low cost, (free) like a road and convenience of travel times, like a road. Any improvement in ferry service that could accomplish both of these would cost every bit as much as a one time road cost.
The State already pays about $100 million per year to subsidize the ferry system and we have neither cheap fares nor convenient travel times.
Maybe these two judges should live in Juneau for awhile and then try to get out of town for the weekend on the ferry sometime. They might "get it" then. But probably not.
Improved Ferry Service?
Improved Ferry Service? Thats like, what, actually running when they say they do? I cant even begin to count how many times I have been stuck in Haines, or Skagway trying to get back home but the ferry was cancelled, or had to cancel the entire trip because we couldnt get out of Juneau due to cancelled ferries. Then there is the chance that it will be full of tourists and they dont have room for you when you need to go. Or you get stuck, and they finally do manage to get a ferry up and running, or they divert another ferry, and you get bumped again because there isnt room for the vehicle. I guess they figure it is so broken that anything they do will be an improvement
Consistent ferry service first
Twice last fall we attempted to travel to Haines but were thwarted by high seas which prevented the aptly named Fairweather from sailing. Until the ferries actually run as scheduled they cannot be considered an alternative to a road.
And while the current proposal still ends in a ferry, it will be a short haul across a protected section of water as opposed to the open water of the lower Lynn Canal traversed today.
A recipe for disaster...
Take one liberal lawyer, ...add one liberal activist judge. Now, cut "common sense" out of the mix and you have a liberal form of un-leavened justice. Let simmer fore a couple of months and stir in a few untruths, allow to cook for a few more months at any temperature above normal understanding. Let the pressure rise until someone deliberately jumps up and down enough to make the good yeasts work fall. Now you have what looks like justice but if swallowed will make you sick to your stomach...
So now what? We go back to proving that the ferries are draining us dry via the oil used in their operation and give it yet another try? Are we going to line the belly of the Ferry's with batteries? Maybe steamships would do the trick? They have slowed the road, not stopped it. Simply costing us more in legal fee's will not detour us from the goal, just delay the inevitable...
short sighted
Once again the short sighted and rose colored glasses folks fail to realize that economic diversity is mainly built on transportation infrastructure. The greenies are helping to sound a death knell for Juneau and northern southeast
S.E.A.C.C,
"Sabatoging Economies in Alaska's Coastal Communities."
BUILD THE ROAD! Pave it with
BUILD THE ROAD! Pave it with old Birkenstocks.
this is good news! I have
this is good news, and I have lived in Juneau my whole life. (second generation)
To the folks that want to pave over our state and build roads, please consider moving south.
SEACC - "protecting" SouthEast Alaskans Coastal Communities
My thanks goes out to all those involved in this effort.
Same old saw
by sefisher "Please consider moving south"
How many times have I heard that tired old rant. Apparently your only solution to differing opinions is to try to get rid of the people who don't share your views, or let radical enviro-extremists sue them into submission. I've been here as long as you, and the fight will remain.
Just start building the road!
Just start building the road! Then, keep building the road, time it gets out of court the road will exist. It IS going to be built SO "Get er done"
Bumper Sticker " All the way to Skagway"
Nuther one " Is that Seacc? Or Sick-act?"
"Please consider moving south"
How about moving north? The state, and Canada for that matter, have plenty of roads. I have always enjoyed making trips to Anchorage and Fairbanks, even when the roads were gravel and it was a "for certain" that a cracked windshield was in store during the ride.
Anyone in SE who rants the "go down south" mumble-jumble is merely displaying that they are a cheechako and do not realize that there are a lot of other places in AK where things are done a lot different and a lot better than in Juneau.
Great News!!Every one that
Great News!!
Every one that lives in Juneau knows that there is no rode out of town, so this is why people say if you want to be able to drive out of town then maybe you should consider moving South or North.
Juneau does not, has not and will not have a rode out of town and many many people like it that way.
Also folks can fly to Haines or any other town if they do not want to use our Marine "Highway".
Get real
This story is sure balanced....love the way the Empire manages to obtain quotes from SEACC, EarthJustice, Sierra Club, etc. etc. but cannot seem to obtain opposing quotes from Citizens Pro Road or the Chamber of Commerce?? What is up with that?
The SEACC fans posting today need to get their facts straight, the road will someday go all the way to Skagway, it isn't a CBJ road (Swimmergirl), it is a state highway.
The road will enhance the ferry service for the rest of SE Alaska by allocating those resources to those towns that can never have a road.
I hope the Governor pursues this to the Supreme court as the 9th district Granola court is the most overturned, liberal leaning court in the USA.
The ferry system just is not fuel efficient, something the greenies can't seem to reckon with in their arguments, the fast ferries don't function well as we all know, and the demands for travel far exceed the capacity of the boats to allow people to travel to and from Juneau in an affordable fashion.
Build the Road, the sooner the better.
Who says a road has to hurt?
I have been in Juneau since 1966. We wanted a road then, remember Red Swanson's big sign on his barn by Fred Meyer back in the day? We need a road now to maintain our transportation infrastructure. Most of us who moved to Juneau didn't choose this fair city because it didn't have a road out of town. If we don't build the road, Juneau will lose. And I don't think a 55 mile stretch of roadway could be considered "paving paradise". Berner's Bay will probably have a mine or two dumping tailings in it anyway, why else would there already be a road built to there by the people who stand to gain money from the venture? To say that a road will destroy the environment is like saying you can't fly because you're not a bird. Environmentally sound roads are built every day. Get real, folks. Juneau cannot maintain its capitol nor its economic viability if we have no transportation infrastructure that works all the time every time and is affordable. I haven't ridden the ferry in years, because it costs too much. BUILD THE ROAD NOW.
Haineschris - You are so
Haineschris - You are so right. I'd happily move north but my job is stuck here. Not many jobs in Haines or Tok, and I dont wantto go to Anchorage. But it would be so nice to be able to be an Alaskan!
Catandmouse - "Also folks can fly to Haines or any other town if they do not want to use our Marine 'Highway'." You ever try to stuff a pickup truck in the overhead luggage compartment?
NO, YOU MOVE!
To all the idiots that don't realize not having a road is slowly killing this town (probably what they want), quit telling me that if I want a road, then move down south.
Instead, all of you bark-eaters that don't want a road should move to Pelican or Tenakee or Sitka or any other town that has no chance of getting a road. I've lived here for decades.....I want a road out of Juneau.....and I'm not movin'!
This is a good decision
This is a good decision because the road is just not necessary.
It would be closed during the winter and just imagine being behind tour bus after tour bus after tour bus during the summer.
Conservatives are willing to waste a billion dollars on a rode we dont need, now thats being naughty naughty
Juneau
I think if Seattle ever has the "big one" as far as earth quakes go we are gonna wish we had a road! The simple fact that a possiblity exists for a road should be enough to build it, there are plenty of communities who desperately need better ferry service.
kflynn
Unless this road is earthquake proof and connects us to Seattle, I think a ferry service is more desirable in the event of "the big one." Roads become impassible. Oceans do not.
I'd drive to Juneau!!!!
I'd like to be able to drive to Juneau.