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Lawsuit To Be Filed Over U.S. 36 Public-Private Project

Landry Heaton
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Flickr - Creative Commons

Controversy over the Colorado Department of Transportation’s first public private partnership along U.S. 36 has risen in recent weeks.

On Wednesday a group of community activists plans to file a lawsuit to try and slow it down.

The nonprofit is behind the lawsuit and says an Environmental Impact Assessment on plans to build a new toll lane was never completed.

"I can't say that it's a bad contract, I can't say that it's a good one, that's the problem..."

“The bottom line is that the is seriously flawed,” said Ken Beitel, a clean energy analyst with non-profit . “The EIA claims that daily carbon emissions from the 100,000 vehicles on US 36 are just a drop in the bucket compared with total global emissions and hence, don’t need to be considered.”

State officials counter that the process was wide-ranging.

“It was an extensive outreach process that was conducted between 2003 and 2009 that concluded with a signed record of decision with the federal highway administration,” said spokeswoman Amy Ford. “So that process was very thorough, very comprehensive and involved the public extensively on what really the final solution should be in this corridor.”

The private company the Plenary group will pay for part of the toll lane’s construction and maintain the road for 50 years. Democratic House Majority Leader Dickey Lee Hullinghorst of Boulder is one of 14 lawmakers with concerns about the plan.

“I can’t say that it’s a bad contract, I can’t say that it’s a good one, that’s the problem,” said Hullinghorst. “So I wouldn’t mind having this held up just a little bit to get some explanation so that our citizens feel more comfortable with this.”

Every city and county government along the road has signed off to ease congestion. The new law will accommodate toll drivers, rapid bus and HOV passengers. State lawmakers say Colorado doesn’t have enough money to pay for the entire project itself. The financial close is scheduled for the end of February and the updates to U.S. 36 will be complete in 2016.

Bente Birkeland is an award-winning journalist who joined Colorado Public Radio in August 2018 after a decade of reporting on the Colorado state capitol for the Rocky Mountain Community Radio collaborative and KUNC. In 2017, Bente was named Colorado Journalist of the Year by the Society of Professional Journalists (SPJ), and she was awarded with a National Investigative Reporting Award by SPJ a year later.
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