I-69 opposition intends to sue INDOT for alleged environmental violations

Opponents of Interstate 69’s current proposed route have told state and federal officials they intend to sue if their concerns about the construction project are not met.

Citizens for Appropriate Rural Roads, an I-69 opposition group, filed a formal intent to sue July 5, according to an email sent to the press Tuesday.

The group claims the construction project allegedly violates parts of the federal Clean Air Act, the Endangered Species Act, the Transportation Act and the National Environmental Policy Act.

CARR’s notice of intent to sue says I-69 would elevate air pollution in areas that already have unsafe levels of pollution and would put some areas of Indiana into non-compliance with the Clean Air Act.

The organization also claims the project would threaten the Indiana Bat with extinction, a violation of the Endangered Species Act.

CARR alleges environmental impact statements — legally required analysis of a project’s impact on the environment that governments are required to conduct when planning a major construction project — have not objectively outlined the environmental effects of I-69.

The organization also challenges the state’s claim that I-69 is fully funded.

The Indiana Department of Transportation gave the following statement in regards to the potential lawsuit: “INDOT follows the law, works closely with state and federal environmental agencies and does not comment on potential or pending litigation.”

CARR takes the position that the project should take a different route that would not involve the construction of new roads, but would update existing roads to interstate status.

CARR proposes building I-69 on U.S. Route 41 and then connecting to I-70 near Terre Haute.

The current route involves new roads being constructed over sections of southern Indiana.

Construction on the interstate has already begun and a mile-long section is already open to drivers on a section near Evansville.

The legal challenge follows the Bloomington/Monroe County Metropolitan Planning Organization’s decision this spring to not include I-69 in its short-term transportation plans.

— Zach Ammerman