Those results also make the EPA letter difficult to use in any future court battles, he added.

Under the Clean Water Act, the least damaging way to meet a project's "purpose and need" must be used. Opponents say their alternative is less damaging than Legacy, causing harm to about 30 acres of wetlands compared to 100 destroyed by Legacy.

The EPA grade also fails when it asks the agency to more fully explain why they have rejected alternatives to the roadway, said Marc Heileson, regional representative for the Sierra Club.

"That is where the agency (UDOT) is very very vulnerable," Heileson said. "They didn't score well. They did well on attendance and citizenship, but when it came to the real grade, they did poorly."

Njord rebuts the comments. "We have received a report from the EPA essentially saying the Legacy Parkway has passed with flying colors," he said. "Today's report card from the most important environmental agency in the nation clearly validates the Legacy Parkway."

If not challenged by a lawsuit, construction on the road could begin early next year.

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E-mail: nwarburton@desnews.com