Post by L Roebuck on Dec 21, 2005 9:01:15 GMT -5
New industrial park wins round in court
By James Bruggers
jbruggers@courier-journal.com The Courier-Journal
A federal judge has thrown out a lawsuit by environmentalists that sought to stop construction of a large industrial park in Bowling Green.
In their suit, two environmental groups and several individuals had argued that because millions of federal dollars were being spent on development of the Kentucky Trimodal Transpark, and federal agencies were making decisions that could be considered major, the project required a full-blown environmental impact study.
Such a study, which weighs the pros and cons of various development options, is legally binding.
But U.S. District Judge Ricardo M. Urbina in Washington, D.C., disagreed. In a ruling Thursday, Urbina found that one of the defendants, the U.S. Environmental Protection Agency, had not yet done enough to require a study, so the court lacked jurisdiction in the case.
The judge also ruled that it was too late to rule on the actions of another defendant, the Tennessee Valley Authority, which provided $500,000 to help a transpark tenant set up an industrial plant there.
Citing an earlier ruling in a similar case, the judge wrote that "the Court cannot undo what has already been done."
Advocates have said the industrial park could generate up to 7,550 jobs, with its vision of integrating rail, a new airport and highway transportation around a mix of commercial and industrial activities.
But the proposal has produced loud opposition from local and national critics concerned about water pollution potentially affecting nearby Mammoth Cave National Park and Native American archaeological resources.
Whayne Priest, a Bowling Green lawyer who represents the Intermodal Transportation Authority, a local government-supported group overseeing development of the industrial park, and one of the defendants, said he was "pleased and relieved" with the ruling.
But Betsy Bennett, a Louisville attorney who worked on the case for plaintiffs who included Karst Environmental Education and Protection Inc. and Warren County Citizens for Managed Growth, called the ruling "disappointing" and "frustrating."
The judge is "telling us we are both too early and too late," she said, adding that plaintiffs are considering an appeal.
Earlier this year, the bones of two American Indians and several ancient drawings on hardened mud and limestone were discovered in a previously unknown cave under a construction site at the transpark, prompting renewed calls for a thorough study of prehistoric Indian sites in the area.
But officials from the transportation authority have argued that they've done sufficient studies already and that they are taking unprecedented steps to protect groundwater. They say the environmentalists are attempting to exploit the discovery of the Indian remains.
James Bruggers can be reached at (502) 582-4645.
Source: courier-journal.com: tinyurl.com/dg3bz
KEEP: keep.kwalliance.org/
By James Bruggers
jbruggers@courier-journal.com The Courier-Journal
A federal judge has thrown out a lawsuit by environmentalists that sought to stop construction of a large industrial park in Bowling Green.
In their suit, two environmental groups and several individuals had argued that because millions of federal dollars were being spent on development of the Kentucky Trimodal Transpark, and federal agencies were making decisions that could be considered major, the project required a full-blown environmental impact study.
Such a study, which weighs the pros and cons of various development options, is legally binding.
But U.S. District Judge Ricardo M. Urbina in Washington, D.C., disagreed. In a ruling Thursday, Urbina found that one of the defendants, the U.S. Environmental Protection Agency, had not yet done enough to require a study, so the court lacked jurisdiction in the case.
The judge also ruled that it was too late to rule on the actions of another defendant, the Tennessee Valley Authority, which provided $500,000 to help a transpark tenant set up an industrial plant there.
Citing an earlier ruling in a similar case, the judge wrote that "the Court cannot undo what has already been done."
Advocates have said the industrial park could generate up to 7,550 jobs, with its vision of integrating rail, a new airport and highway transportation around a mix of commercial and industrial activities.
But the proposal has produced loud opposition from local and national critics concerned about water pollution potentially affecting nearby Mammoth Cave National Park and Native American archaeological resources.
Whayne Priest, a Bowling Green lawyer who represents the Intermodal Transportation Authority, a local government-supported group overseeing development of the industrial park, and one of the defendants, said he was "pleased and relieved" with the ruling.
But Betsy Bennett, a Louisville attorney who worked on the case for plaintiffs who included Karst Environmental Education and Protection Inc. and Warren County Citizens for Managed Growth, called the ruling "disappointing" and "frustrating."
The judge is "telling us we are both too early and too late," she said, adding that plaintiffs are considering an appeal.
Earlier this year, the bones of two American Indians and several ancient drawings on hardened mud and limestone were discovered in a previously unknown cave under a construction site at the transpark, prompting renewed calls for a thorough study of prehistoric Indian sites in the area.
But officials from the transportation authority have argued that they've done sufficient studies already and that they are taking unprecedented steps to protect groundwater. They say the environmentalists are attempting to exploit the discovery of the Indian remains.
James Bruggers can be reached at (502) 582-4645.
Source: courier-journal.com: tinyurl.com/dg3bz
KEEP: keep.kwalliance.org/