He continued: "If they're hurt thinking that UDOT made an end run and were driving it, they're hurt for false reasons. I hope they realize that, because truly, UDOT was not the driving force behind that."

Still, plaintiffs say UDOT, which relies on the state Legislature and Congress for funding, should have thought twice before providing language for the rider.

"We don't think you negotiate with someone unless you have the intent to go forward with the deal," said Robert Adler, a University of Utah law professor and one of the original plaintiffs. The game now, he continued, is to wait and see how the state responds to concerns.

Njord says a settlement is close.

"Our first priority has always been to find a settlement with the plaintiffs," he said. "I think that is still our number one priority."

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E-mail: nwarburton@desnews.com