ADOT, Federal Highway Administration Prevail In South Mountain Freeway Lawsuit

Construction of the Loop 202 South Mountain Freeway is scheduled to begin in early September after the U.S. District Court in Phoenix dismissed legal challenges and ruled that the Arizona Department of Transportation and Federal Highway Administration completed all steps required to move forward.

In a ruling released Friday, Aug. 19, the judge found that plaintiffs failed to demonstrate, as claimed, that ADOT and the Federal Highway Administration didn’t meet requirements of the National Environmental Policy Act and other federal laws.

“Plaintiffs have not met their burden to show the Agencies’ actions were ‘arbitrary, capricious, an abuse of discretion, or otherwise not in accordance with law …’ or ‘without observance of procedure required by law,’” the ruling concludes.

Construction of the South Mountain Freeway will begin in early September at the I-10/Loop 202 (Santan Freeway) traffic interchange. Crews also will begin relocating native plants along the right of way for transplanting later.

The 22-mile freeway, expected to open by late 2019, will provide a direct link between the East Valley and West Valley and an alternative to Interstate 10 through downtown Phoenix. Approved by Maricopa County voters in 1985 and again in 2004 as part of a regional transportation plan, the South Mountain Freeway will complete the Loop 202 and Loop 101 freeway system in the Valley.

In February, ADOT finalized the state’s first highway public-private partnership agreement through which the project team, Connect 202 Partners, that will build the freeway.

The fixed $916 million contract for design and construction makes this the largest highway project in state history.

With construction scheduled to begin in early September, ADOT has been conducting preliminary engineering, addressing cultural resources in the right of way, acquiring and preparing properties, and relocating utilities. ADOT received final federal clearance to move forward with the project in 2015.

The South Mountain Freeway will be constructed with four lanes in each direction – three general-use lanes and one HOV lane.

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