Negotiations could be stalled on Legacy deal

Negotiations may be stalled in a deal that could lead to construction of the Legacy Parkway.

After reports that the Utah Department of Transportation worked with the state's congressional delegation in a "behind the scenes" effort to stop lawsuits against Legacy, the Sierra Club and others are rethinking their roles in the negotiations.

"It's usually like a tennis match where the ball is hit back and forth," said Marc Heileson, regional representative for the Sierra Club. "The situation is a little different now . . . trust has been damaged."

Heileson wouldn't say, however, what actions could mend that broken trust. "That's something that we have to decide," he said.

In an interview Friday, UDOT Executive Director John Njord said he was still "confident" a settlement could be reached that would allow for construction of the contested 14-mile stretch of Legacy between Farmington and Salt Lake City. Njord also affirmed a position that his agency wasn't behind the congressional effort to stop lawsuits against the proposed highway.

"When our congressional delegation or our Legislature asks for information, we provide it to them," said Njord. "We go into scramble mode, we find it and get it to them."

In July, a UDOT lobbyist was asked to help write support language for a rider to a transportation bill that would have halted future lawsuits against Legacy. That request was made at the same time negotiations were under way between UDOT, state lawmakers and plaintiffs in the suit that halted construction of Legacy in 2001.

The plaintiffs contend the state didn't adequately study certain environmental impacts of the project. UDOT is nearing completion of final environmental documents ordered by the federal courts.

Negotiations are now to the point where lawmakers have presented a potential settlement to the plaintiffs — a group that includes the Sierra Club. While a tentative agreement, which has not been disclosed publicly, had already been reached between UDOT and the plaintiffs, lawmakers found some aspects "unacceptable," said Rep. Stuart Adams, R-Layton.

In an interview Friday, Sen. Sheldon Killpack, R-Syracuse, said the idea that UDOT did anything to "go behind anyone's back" in those negotiations is "ridiculous."

Killpack said that he and other legislators were actually behind efforts to insert language in a bill to halt lawsuits against Legacy. Those efforts started late last year, he said.

"The fact is, the plaintiffs use tools available to them to achieve the end result they desire," said Killpack. "To expect the other side not to use options and tools available to them — I think it's a bit of a lopsided point of view."