Today, Congresswoman Celeste Maloy led the Utah Delegation comprised of Senators Mike Lee (R-UT) and Mitt Romney (R-UT) as well as Representatives John Curtis (R-UT), Blake Moore (R-UT), and Burgess Owens (R-UT) in a letter elevating Washington County and UDOT’s concerns over the Bureau of Land Management and U.S. Fish and Wildlife’s decision to do a Supplemental Environmental Impact Statement (SEIS) to reconsider the planned Northern Corridor highway in Washington County.
“First, the scope of the SEIS should be narrow,” wrote the Utah Delegation to Secretary of the Interior Deb Haaland. “Second, as required by federal law, we urge you, BLM, and FWS to afford UDOT and Washington County the opportunity to participate meaningfully in the SEIS process. In that regard, we are troubled by the timeline BLM and FWS have identified for the SEIS, which is incompatible with the thorough consideration of comments submitted by UDOT and Washington County and with the objective and careful analysis of relevant information required of the federal agencies.”
“On behalf of the Washington County Commission, we appreciate the support of the Utah Delegation throughout this process and their effort to elevate the issues raised by state and local stakeholders,” said Commissioner Gil Almquist, Chair of the Washington County Commission.
“We appreciate the urgency being placed on this important SEIS by Utah’s Congressional Delegation and by BLM and FWS. The Northern Corridor is vital to a successful transportation system–today and in the future–for this growing part of our state,” said UDOT’s Executive Director Carlos Braceras. “UDOT has longstanding relationships of collaboration and trust with our federal partners, and we hope to build on that foundation through our inclusion in this SEIS process.”
The full text of the letter is below:
Dear Secretary Haaland,
We write regarding the Supplemental Environmental Impact Statement to Reconsider a Highway Right-of-Way and Associated Amendment of an Incidental Take Permit, Washington County, Utah (SEIS). As you are aware, the Bureau of Land Management (BLM) and the U.S. Fish and Wildlife Service (FWS) are preparing an SEIS to further consider the effects of granting a right-of-way (ROW) to the Utah Department of Transportation (UDOT) for the Northern Corridor and to consider potential amendments to the Incidental Take Permit issued to Washington County.
We recently received copies of the enclosed comment letters submitted by UDOT and Washington County during the scoping period for the SEIS. Those letters raise important and valid concerns we trust you, the BLM, and the FWS will carefully consider and address. As you do, we urge you to keep in mind the following considerations.
First, the scope of the SEIS should be narrow. In the U.S. District Court for the District of Columbia’s Order and Memorandum Opinion in Conserve Southwest Utah v. U.S. Department of the Interior the Court addressed the government’s motion to reanalyze impacts of the 2020 wildfires. The Court did not find the FEIS insufficient, but partially granted the government’s motion because the government’s desire to reanalyze these impacts was not asserted in bad faith. Significantly, the other basis presented for remand, that BLM had violated the National Historic Preservation Act’s requirement for it to resolve adverse effects as part of the Section 106 consultation process, was rejected by the Court. Furthermore, the Court rejected the government’s motion insofar as it sought to vacate the ROW while the remand occurs. Accordingly, the scope of the SEIS should be limited only to reanalyzing the impacts of the 2020 wildfires.
Second, as required by federal law, we urge you, BLM, and FWS to afford UDOT and Washington County the opportunity to participate meaningfully in the SEIS process. In that regard, we are troubled by the timeline BLM and FWS have identified for the SEIS, which is incompatible with the thorough consideration of comments submitted by UDOT and Washington County and with the objective and careful analysis of relevant information required of the federal agencies. We note the federal government’s Notice of Intent (NOI) to prepare an SEIS was published the same day the Court’s Order was issued, which required the federal agencies to submit the NOI for publication prior to the Court’s Order. Taken together with a much shorter- than-customary time frame between scoping and the release of the Draft SEIS, including an internal review draft scheduled less than month after the end of public scoping, this raises concerns regarding the earnestness of the BLM and FWS’ NEPA decision-making process. Relatedly, we are concerned UDOT and Washington County have not been afforded the appropriate level of engagement provided for by NEPA, the Department of the Interior NEPA implementing regulations, and the Omnibus Public Lands Management Act. We strongly urge you to ensure that BLM and FWS fulfill their obligation to provide UDOT and Washington County meaningful engagement in this process.
In conclusion, the approvals under further consideration involve matters that are vital to regional planning, transportation, land use, and conservation objectives and are of tremendous importance to the State of Utah. We urge you to ensure careful attention is given to the issues raised by UDOT and Washington County.
Background:
Washington County’s population has been rapidly expanding, driving the need for the proposed right-of-way highway in the Northern Corridor. The highway is intended to connect Red Hills Parkway to Washington Drive Parkway and would reduce east-west traffic between I-15 and SR-18. In 2021, the Bureau of Land Management and U.S. Fish and Wildlife Service authorized the proposal. However, the BLM and FWS have decided to revisit the project’s environmental impact.
