Another "Done Deal" Perry Freeway Toll Road Stopped.

For Immediate Release
January 12, 2006

Federal Highway Administration Instructs
TxDOT to Cease Work on 281 Toll Road Project

Cites lack of public input, discussion of alternatives,
and assessment of environmental impacts

On January 11th attorneys for plaintiffs AGUA and People for Efficient Transportation, Inc. (PET), the groups suing to require TxDOT to conduct an Environmental Impact Statement on the US 281 toll road expansion project, received a letter sent to the Texas Department of Transportation (TxDOT) from the Federal Highway Administration stating “our prior environmental clearances on the two US 281 projects are hereby withdrawn in recognition of the issues raised by the public.”

Aquifer Guardians in Urban Areas (AGUA), advocates for protection of the Edwards Aquifer, and highway program watchdog People for Efficient Transportation, Inc. (PET) had joined together to file for an injunction in federal court on December 21, 2005 to ask that work on expanding and converting US 281 to a toll road be stopped.

This decision means that TxDOT must now undertake new environmental studies, as argued by the AGUA and PET, Inc. lawsuit.

In light of the Federal Highway Administration directing TxDOT to cease work on the US 281 project (which covers approximately twelve miles, from Loop 1604 to near the Comal County line at Borgfeld Road) pending the completion of a new environmental review of the project, the attorneys for the parties are working out details for an agreed dismissal of the AGUA and PET, Inc. lawsuit.

AGUA and PET, Inc. do not agree that an Environmental Assessment is sufficient. The plaintiff groups will continue to urge TxDOT to begin a full Environmental Impact Statement (EIS) now rather than undertaking the more cursory Environmental Assessment and then deciding whether the proposed project will cause significant impacts on the human environment such that a full EIS is required.

Says Bill Bunch, attorney for the plaintiffs; “A project of this scale, in an extremely vulnerable water supply area and with major ramifications for transportation, public safety, and development, demands the most thorough analysis of all costs, benefits, and consideration of alternatives that better serve the public.”

TxDOT had proceeded to clear trees and vegetation from the right of way in December, just before the federal lawsuit was filed. A hearing on preliminary injunction had been set for January 27th. Annalisa Peace of AGUA notes that contractors working on the project sheared a SAWS sewer line, resulting in a leak of raw sewage over the Edwards Aquifer Recharge Zone that was allowed to continue unabated for nearly a month. Says Peace, “This event clearly indicates that TxDOT needs to proceed more cautiously in their operations in this extremely sensitive area.”

The Edwards Aquifer, the primary source of drinking water in this area, is a karst aquifer that is highly vulnerable to water pollution because surface water quickly enters the aquifer through recharge features without significant filtration.

"Gov. Rick Perry, the chief planning officer for the state of Texas, has directed his appointed people who govern TxDOT to create a new drivers tax, by privatizing and tolling roads we've already paid for. With TxDOT's rush to get out of the transportation business and into the revenue generation business, they've tried to cut corners by not producing all the necessary studies. The law is working for the people today, at least in the case of this one public highway of the many Perry is trying to toll in Texas," said Sal Costello, founder of People for Efficient Transportation Inc.

“We need road improvements, but there is a difference between just building roads and really solving transportation problems. With a fresh start on the planning of this corridor, I am optimistic that a long term solution will emerge.” said Bill Barker, local transportation consultant.

The plaintiffs are represented by Save Our Springs Alliance. SOS Alliance’s litigation docket and information on the adverse affects of highways can be found at www.sosalliance.org.