Tuesday, November 10, 2009

Final Highway 164 Federal Court Ruling In Routine Reconsideration Delay

For those of you keeping track, a significant US District Court decision several weeks ago - - full text in a link, here - - that cited federal and state agencies for improper methods that forced through the reconstruction of State Highway 164 is in something of a routine holding pattern.

There was a teleconference among the parties on October 29th, but not much took place because - - in lay terms - - the agency defendants have asked US District Court Judge Lynn Adelman to reconsider his preliminary findings.

And the plaintiffs - - The Highway 164 Coalition and Waukesha Environmental Action League - - objected.

This is all pretty much pro forma, I am told, so expect a final ruling in three weeks or so.

Then expect an appeal by the state and feds, because the initial ruling slapped them pretty hard and could end up requiring a lot of remedial work on the project, or in its yet-to-be-completed phases.

The road reconstruction and expansion runs from I-94 north through Waukesha County into more rural Washington County.

And has been the subject of extensive grassroots objections for years.

Another lay opinion: I could see the ruling requiring that other taxpayer-financed projects be planned and executed far differently with regard to public input, environmental impact studies and other public procedures and protections.

To which activists would say: "About time."

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