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Tuesday, October 6, 2009

Activists Sue State to Block Tunnel

Posted by on Tue, Oct 6, 2009 at 5:40 PM

The state violated environmental-impact regulations by seeking bids from potential contractors for a $4.2 billion tunnel under downtown without studying tunnel alternatives, says a lawsuit filed this afternoon in King County Superior Court. Elizabeth Campbell, 57, who ran a low-key campaign for mayor but lost in the primary, says she filed the suit against transportation department head Paula Hammond as a last-ditch effort to stop a deep-bore tunnel that costs too much money and diminishes traffic capacity.

“Going the legal route—that’s the only way to put a halt to it right now.” Otherwise, Campbell says, “It can’t be undone.”

The State Environmental Policy Act requires the state to study a project's effects and issue an Environmental Impact Statement “before government decisions are made that commit … to a particular course of action,” the lawsuit says. The state won't complete the impact statement until 2011, according to the suit. But on September 15, the state issued a 31-page request for qualifications from companies that want to design and build the tunnel. Seeking proposals from tunnel builders but not seeking proposals for alternatives, such as a rebuilt elevated freeway or a surface-transit option, the suit says, “predisposes decision-makers to choose the tunnel option.”

The suit says that the Washington State Department of Transportation is “making a mockery” of the process required to rebuild the downtown leg of Highway 99, which is now completed by the Alaskan Way Viaduct.

Campbell, a Magnolia resident, filed the suit along with her nonprofit, Seattle Citizens Against the Tunnel—known as SCAT. Campbell calls herself the “titular head of SCAT.”

Although Campbell wants to rebuild the viaduct, a scenario the Stranger finds appalling, the lawsuit seems reasonably grounded. Seeking bids from contractors without following state procedure for gauging the tunnel’s costs, traffic impacts, and environmental impacts seems both hasty and gives the tunnel an unreasonable advantage over alternatives, like a surface-transit option. However, the viaduct is crumbling—it threatens to collapse on drivers if anyone sneezes—and the state has an urgent interest making sure people aren't caught in a human juicer.

“The state seems to be trying to ram through a project without doing an Environmental Impact Statement and explaining the costs, risks and negative community and environmental impacts to the public,” says Cary Moon, director of the People’s Waterfront Coalition, which is not involved in the lawsuit.

“If the state isn't going to voluntarily share information about the costs, risks and negative impacts of a mega-project before they commit the public's money, then someone needs to remind them of the rules,” Moon adds. “The Seattle public deserves to know what the state plans to do before the contracts are issued and it's too late.”

The suit concludes by asking a judge to block the state Department of Transportation from taking any action that would “pre-judge” the decision on how to replace the existing Alaskan Way Viaduct. Campbell, who has hired the law firm Bricklin & Newman, says, "It has a chance of winning."

 

Comments (28) RSS

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1
wow. everyone's "done deal" is going to crumble like a....like a....oh i wish there was a big piece of old, deteriorating infrastructure that i could use to complete my simile!...

that thing is viafuct.
Posted by geology 101 on October 6, 2009 at 5:55 PM
2
I can't believe that I am going to say this about a woman who in her Mayoral Campaign declared "there's a war on cars," but nice work Elizabeth!
Posted by CMB on October 6, 2009 at 5:59 PM
roddy 3
Eight years is simply not enough time to study the alternatives.
Posted by roddy http://www.washingtonunited.org on October 6, 2009 at 6:16 PM
Will in Seattle 4

I love it when you pro-tunnel bigots have to eat crow.

Seriously, you said it couldn't be stopped.

The battle hasn't even started.

Posted by Will in Seattle http://www.facebook.com/WillSeattle on October 6, 2009 at 6:36 PM
Will in Seattle 5
Just hoping that I didn't break SLOG with a bold tag ...
Posted by Will in Seattle http://www.facebook.com/WillSeattle on October 6, 2009 at 6:49 PM
6
"However, the viaduct is crumbling—it threatens to collapse on drivers if anyone sneezes—and the state has an urgent interest making sure people aren't caught in a human juicer."

Oh My God!! The viaduct is crumbling. We need to replace it immediately with whatever the state dictates, no matter the costs or other impacts.

Huh... What's that... It's been like that for 8 years? The deep bore tunnel wasn't even considered until about a year ago? All the other plans that had preliminary studies were dismissed? Even the ones previously preferred by the WSDOT?

OK now I'm just confused.
Posted by Queegmire on October 6, 2009 at 6:50 PM
7
Just tell Seattle voters it's going to cost 11 Billion $ and that will put an end to the tunnel right away.
Posted by montex on October 6, 2009 at 7:11 PM
MrBaker 8
Elizabeth Campbell, now grasping for attention, latches onto whatever is on the front page of the daily metro newspaper.
Will McGinn do pro bono work here, or will Elizabeth Campbell... Or is she getting paid to do this by, oh, I do not know, 3 degrees of separation from McGinn.

If there is linkage, she has a bigger problem than that run for mayor.

Quite frankly, it will not be too hard to hard to find a coule loose facts that are similar enough to imply linkage (not like I write for the Stranger or Publicola, but it is similar bs).
Posted by MrBaker http://manywordsforrain.blogspot.com/ on October 6, 2009 at 7:49 PM
MrBaker 9
Btw, this story is 3 weeks old, Stranger.

http://blog.seattlepi.com/transportation…
Posted by MrBaker http://manywordsforrain.blogspot.com/ on October 6, 2009 at 7:55 PM
10
I'm not a huge fan of the tunnel, but...
1. You don't have to shut down the viaduct for 5 years while building it.
2. It also gives you the additional surface street option when it's all done.

The reasons I'm not a big fan?
1. It's expensive.
2. You lose the view while stuck in traffic.
Posted by You realize SCAT also means SHIT? on October 6, 2009 at 7:59 PM
Dominic Holden 11
@ 9) That was a different suit, filed in federal court. This one is in King County Superior Court. But thanks.
Posted by Dominic Holden on October 6, 2009 at 7:59 PM
12
How can people who seem so smart, be so dumb when it comes to reality?

This state is no more sophisticated than Hazzard County. Boss Hogg owns everything...if he wants a trolley, he gits a trolley. If Boss Hogg wants a tunnel...he gits a tunnel...same as he gets a Light Rail and gets them to flood Kent Valley because he wants his real estate holdings to go up.

Everyone here with their big brains and middle class salaries are pathetic powerless buffoons.
Posted by Get Wise on October 6, 2009 at 8:18 PM
Will in Seattle 13
@7 for the budget busting win.
Posted by Will in Seattle http://www.facebook.com/WillSeattle on October 6, 2009 at 9:16 PM
14
The tunnel isn't that expensive if we save up for it.

That $4.1 billion price tag comes to some $6800 per resident, so start saving!
Posted by SDooDad on October 6, 2009 at 9:27 PM
15
'Campbell calls herself the “titular head of SCAT.”'

I don't care who you are, that's funny right there.
Posted by madcap on October 6, 2009 at 9:37 PM
16
@6:

"However, the viaduct is crumbling—it threatens to collapse on drivers if anyone sneezes—and the state has an urgent interest making sure people aren't caught in a human juicer."

The viaduct can be torn down within 2-3 years, the surface and transit improvements put into place, and then then a tunnel can be studied and bored later if the surface/transit advocates are wrong and the city shuts down. That, in fact, is what the Governor's stakeholder group recommended. It was only because of big business pressure that the governor insisted a tunnel be built first.
Posted by Transpo guy on October 6, 2009 at 9:56 PM
17
"SCAT"? Really?
Posted by Meatbot 3000 on October 6, 2009 at 10:38 PM
ralph 18
Campbell + McGinn = 2 sides of the same loony coin.
Posted by ralph on October 6, 2009 at 10:58 PM
Sargon Bighorn 19
#6 and in an earthquake it can be torn down in about 20 seconds, for FREE! I think nothing should be done and let's see if God REALLY want's it taken down. If she does, earthquake, if not law suits.
Posted by Sargon Bighorn on October 7, 2009 at 2:04 AM
Reality Check 20
@18 FTW

WiS it will be really sweet to watch all these lawsuits get thrown out of court, and the tunnel finally going forward.

Enough already.

Fucking obstructionists.
Posted by Reality Check http://www.nraila.org on October 7, 2009 at 8:41 AM
Will in Seattle 21
So long as they wait until after the vote has been certified, it makes the issuance of a contract highly problematic.

In war, you don't fight just one battle. You push your enemy into a no-win situation and make him think he has an escape route - but use that as the kill zone.

Seattle doesn't want the Billionaires' Tunnel. And you know it.
Posted by Will in Seattle http://www.facebook.com/WillSeattle on October 7, 2009 at 10:38 AM
ralph 22
Will in Seattle, you must be from out of Seattle. We don't talk like that here.
Posted by ralph on October 7, 2009 at 11:27 AM
Will in Seattle 23
Hence the "in Seattle" part.

(waits while the tumblers click in in Ralph's brain)

Actually, we have a lot of people who were in the military here - you just don't know it.
Posted by Will in Seattle http://www.facebook.com/WillSeattle on October 7, 2009 at 11:59 AM
ralph 24
Ah, the shrapnel... the shrapnel... my God the VC got me! I understand now Will.
Posted by ralph on October 7, 2009 at 5:45 PM
Will in Seattle 25
No, you don't.
Posted by Will in Seattle http://www.facebook.com/WillSeattle on October 7, 2009 at 7:23 PM
26
You know what?

I love traffic.......Nothing is better than being stuck in traffic with a blasting headache and fresh coffee spilled on the inside of my car do to a suddne stop in traffic.

Oh yea I love to pay taxes. Lets see another sales tax. Oh maybe an income tax. Oh this is great.

Darn, hey thanks a lot Sue!!!!

I was looking forward to getting stuck in traffic. Oh this tunnel was going to be fantastic. I have fantasies of hours in traffic.

Another dime or two on the gas tax and hey maybe a sales tax of around 10%. That would have been great.

Oh well maybe the our great govener and visionary mayor can still persevere.

I sure would hate to have my vote count.
Posted by cheap seats on October 8, 2009 at 9:46 PM
27
When the sue fits wear it.

Why Elizabeth, I think you created a filibuster.
Posted by cheap seats on October 8, 2009 at 10:01 PM
Trouble 28
Jeeze, just rebuild the viaduct already. It's is the only option that make sense for economical and traffic capacity reasons.

Unless you have an alternative to rebuilding that costs less while not reducing traffic capacity, then STFU.
Posted by Trouble on October 9, 2009 at 4:00 PM

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