Editorial: Build the Detroit River bridge

Latest legal setback should end the challenges to new Detroit River crossing

Piece by piece, preparations for the new Detroit River bridge are falling into place. This week, the U.S. Supreme Court cleared a potential major legal hurdle by refusing to hear a lawsuit brought by community activists and the owner of the Ambassador Bridge.

The challenge came from Latin Americans for Social and Economic Development, Citizens with Challenges, Detroit Association of Black Organizations and other community groups, along with the Detroit International Bridge Co., owner of the Ambassador Bridge.

The parties claimed the Federal Highway Administration, in approving the Delray neighborhood of southwest Detroit as the site of the new crossing, violated the social and environmental justice provisions of the National Environmental Protection Act, the Administrative Procedures Act and other federal laws.

Federal District Court Judge Avern Cohn rejected the lawsuit, and his decision was upheld by the 6th Circuit Court of Appeals. Now, the Supreme Court has put the matter to rest.

It is the latest in a string of legal victories for Gov. Rick Snyder and other backers of the new Detroit River International Crossing.

Last summer, the appellate court also rejected the contention that the federal government had bowed to pressure from Canada in denying a permit for Ambassador Bridge owner Matty Moroun to build a second span adjacent to his current bridge.

And earlier this month, the United States and Canada reached agreement for the Canadians to front the money for building out the customs plaza on the Detroit side of the crossing. As with the entire $2 billion cost of the bridge, which Canada is also putting up, the $300 million for the plaza will be repaid with revenue from tolls.

By now, the inevitability of the new bridge should be evident. Continuing court battles and other blocking moves is pointless.

Moroun, as well as the community groups, should stand down and let the process of building the bridge proceed.

Instead of continuing a futile fight, they should work with the state and federal governments to mitigate the community’s concerns.

There is no reason the crossing should be a negative for the devastated Delray neighborhood. The international trade expected to be generated by the bridge should create opportunities for warehouses and other logistic industry investments, and with them much needed jobs. The focus now should be on training local workers for those jobs, and making sure development unfolds in a manner that benefits the neighborhood.

As for Moroun, he should accept that he’s lost this battle. Further legal maneuvering is pointless. He has a major investment in the Ambassador Bridge, and it is natural that he would want to protect it.

But the government has no compelling interest in damaging Moroun’s business. He should be working with the state to assure there’s enough traffic to sustain both spans. Increasing trade traffic is the objective, after all.

Once construction begins, it will take five years to complete the crossing. There should be no further needless delays. This is a project vital to the region’s economy.

Originally posted by The Detroit News

Moroun loses another court decision in attempt to block the NITC

Foes of new bridge won’t be heard by U.S. Supreme Court

David Shepardson
The Detroit News

Washington — The U.S. Supreme Court said Monday it will not review a June decision by a appeals court that upheld the Federal Highway Administration’s decision to select the Delray neighborhood of Detroit as the preferred location for a new international bridge crossing to Canada.

Without comment, the Supreme Court let stand the Sixth Circuit Court of Appeals’ affirmation of a 2012 ruling by U.S. District Judge Avern Cohn dismissing a lawsuit by the Latin Americans for Social and Economic Development, Citizens With Challenges, Detroit Association of Black Organizations and other community groups — along with the Detroit International Bridge Co., which owns the privately held Ambassador Bridge and wants to build one next to it.

The court’s decision comes five days after Canada and the United States reached a deal in which Canada will put up the hundreds of thousands of dollars to build a U.S. Customs plaza at the new Windsor-Detroit bridge and be repaid through tolls. The bridge could open as early as 2020.

Sara Wurfel, press secretary to Gov. Rick Snyder, praised the ruling last year: “The decision affirms the exhaustive work and public transparency that went into the siting decisions. This is the latest round of great news regarding the NITC.”

A panel of the appeals court wrote that the federal agency used a “a lengthy, reasoned process based on an objective analysis subject to public scrutiny throughout.” The panel also rejected the contention the United States yielded to Canada’s opposition to adding a second span to the Ambassador Bridge, writing the United States did not “rubber stamp” the decision.

Mickey Blashfield, director of governmental relations for the Ambassador Bridge, last year criticized the appeals court ruling. He did not have an immediate response to the U.S. Supreme Court’s decision.

The highway administration “refused to consider the Ambassador Bridge Twin Span even though it was the highest ranked alternative in most of the environmental tests the (agency) was required to apply. The (agency) supposedly based its decision on the unsupported claim that Canada objected to the environmental impacts the Twin Span would have in Canada, despite no evidence of any such impact,” Blashfield said.

Opponents argued the highway agency’s review and 2009 approval violated the National Environmental Protection Act, Administrative Procedures Act, principles of environmental justice and other federal laws.

The ruling is the latest setback to foes of a bridge crossing known as the New International Trade Crossing, which is to be two miles from the Ambassador Bridge.

In June, the U.S. Coast Guard issued a required permit for a publicly owned bridge from Detroit to Canada — clearing another key hurdle in the high-profile project. A federal judge in Washington, also in June, rejected a legal motion to force the Coast Guard to issue a permit to Ambassador Bridge owner Manuel “Matty” Moroun for his proposed six-lane span alongside the Ambassador Bridge.

Moroun’s bridge company has been fighting efforts by the state of Michigan and the Canadian government to build the bridge it insists will harm the Ambassador’s business. In court filings, the company argued it needs to build a second span across the Detroit River to handle traffic while it repairs the Ambassador so it can compete with the publicly financed bridge.

Originally posted by The Detroit News

Thank goodness for the Canadians

Canada has agreed to cover all construction costs of the U.S. customs plaza, and with the deal removed the last political hurdle Wednesday for the planned $2.1-billion Detroit River bridge.

The Canadian government has agreed to pay the $250 million cost for the inspection plaza in Detroit under a deal agreed to by both countries.

It had been hoped the Obama administration and Washington would pay for construction of its own customs plaza, but that will not happen under the newly signed agreement.

Canada along with a private sector partner soon to be selected by the Windsor-Detroit Bridge Authority — which is overseeing the project’s completion — will now be paying the Detroit River International Crossing project’s full construction costs.

The public-private partnership is expected to recoup construction costs in the years ahead through tolls and other potential revenue generators such as duty-free goods and gas.

“I am pleased to confirm that following significant discussions with the United States and Michigan, Canada has now signed an arrangement to ensure the new publicly owned bridge between Windsor and Detroit can proceed without further delay,” said Lisa Raitt, Canada’s transport minister on Wednesday.

The U.S. inspection plaza will be procured as part of the public-private partnership assigned to design, finance, construct, operate and maintain the DRIC bridge project, she said.

Taxpayers will not be on the hook for any of the costs, Raitt said.Under the agreement, the U.S. Department of Homeland Security has agreed to cover all U.S. customs staffing costs for the new bridge.

“This arrangement is good for Canada and for Canadians,” Raitt said. “It also allows Canada and Michigan to move the project forward immediately to its next steps which include further design work and property acquisition on the U.S. side of the border.”

Canada’s top political leaders, including Prime Minister Stephen Harper, have listed the DRIC bridge project as the nation’s No. 1 infrastructure priority and promised it will open to traffic by 2020.

The new international bridge will link the downriver industrial communities of Brighton Beach and Delray.

A Homeland Security spokeswoman in an email statement Wednesday indicated there is a commitment from Washington to spend about $100 million in the first year of the customs plaza operations for equipment, staffing and setup costs in Detroit, plus up to $50 million for staff in each of the following years.

“This arrangement results from several months of productive discussions among the U.S. Department of State, U.S. Customs and Border Protection, U.S. General Services Administration, State of Michigan, Windsor-Detroit Bridge Authority and Transport Canada,” said Marsha Catron.

She said although the U.S. government is not paying any construction costs, it is very supportive of the DRIC bridge project. Catron cited numerous U.S. federal approvals to date including issuance of a President’s permit from the Obama administration.

“The United States will continue to support (DRIC) as it is built and following its completion,” Catron said.

“The United States and Canada are vital economic partners and steadfast friends. Canada is the largest trading partner of both the United States and Michigan. Many U.S. and Michigan jobs depend on the vitality of U.S.-Canada trade.”

The Windsor-Detroit corridor is the largest commercial crossing in North America.

In 2014, annual Canada-U.S. trade in goods was approximately $658 billion with over one-quarter of that trade travelling through the Windsor-Detroit corridor.

“The arrangement announced today ensures we can continue to build momentum on this much-needed trade and transportation link,” Catron said.

Michigan Gov. Rick Snyder — a driving force to get the DRIC bridge approved and constructed — applauded the agreement.

“I’m appreciative of the work of our partners in Congress and the Canadian government to ensure the (bridge) — important to both of our countries — continues to move forward,” Snyder said.

Finding a resolution on the U.S. customs plaza had been one of the last unresolved hurdles slowing construction of the DRIC bridge, said Sen. Gary Peters (D—Detroit) another leading advocate of the project.

“As a longtime advocate for the (bridge), I am pleased the United States and Canada have reached an agreement on construction of a new customs plaza removing a significant obstacle that has delayed this critical infrastructure project from moving forward,” he said.

Peters in his role as a member of the Senate’s Homeland Security committee will work with the Obama administration to “ensure the U.S. fulfills our commitment to fully staff and operate this border crossing,” he said.

The project’s next steps include ramping up property acquisition in Detroit to make room for the new bridge plaza and a feeder road in Delray that will link to I-75 freeway.

Nearly all required property on the Canadian side is already in the hands of the federal government, with land clearing in Brighton Beach just recently completed.

The WDBA is in the midst of hiring blitz to staff its support office in Windsor with about three dozen employees whose first task will be to assemble a request for proposal to find a contractor and project partner to build the bridge.

A new border highway in Windsor to link with the bridge — the $1.4-billion Herb Gray Parkway — is expected to be fully open to traffic by the end of this year.

“The new DRIC bridge is of vital importance to the economic prosperity of communities and businesses on both sides of the border,” Raitt said. “It will also bring new jobs, opportunities and continued prosperity to communities in both countries.”

Originally posted by The Windsor Star

It appears we have a deal

Detroit-Windsor bridge plaza deal expected within days

David Shepardson, The Detroit News

U.S. and Canadian officials are expected, as early as Wednesday, to announce a deal to pay for a U.S. Customs plaza at a new bridge linking Detroit and Windsor, American and Canadian officials briefed on the plan said Tuesday.

The issue is one of the largest lingering hurdles for the $2.1 billion bridge over the Detroit River. The deal is expected to include a commitment by the Obama administration to staff and equip the plaza, which is estimated to cost between $250 million and $300 million.

The Canadian government has offered to fund construction of the bridge and be repaid for the U.S. share through toll revenue. The public-private partnership overseeing the bridge is expected to announce it will pay for construction of the customs plazas on both sides of the border and that the United States will staff, operate and maintain the customs plaza in Detroit.

It was not clear Tuesday how much the U.S. government will contribute.

The Detroit News first reported this month that an agreement was close after several months of talks. Homeland Security Secretary Jeh Johnson told The News that a deal between the two countries on funding the customs plaza was close.

The publicly financed bridge is scheduled to be built two miles south of the privately financed and operated Ambassador Bridge.

Gov. Rick Snyder’s spokeswoman, Sara Wurfel, didn’t comment Tuesday on any deal. But she reiterated “how strongly we feel about what a critical infrastructure project this is for the state of Michigan, the city and region, our country and Canada.”

“Discussions are ongoing between Canada and the United States. Transport Canada will not speculate on the outcome of the ongoing discussions,” said Transport Canada spokesman Mark Butler.

In January 2004, a joint U.S.-Canada study concluded that additional border-crossing capacity was needed for reasons including increasing traffic volume, economic security and national security concerns. The State Department approved a permit for the new bridge in 2013.

Manuel “Matty” Moroun, who owns the Ambassador Bridge, has been fighting efforts by Michigan and Canada to build the bridge, insisting it will harm the Ambassador’s business. In court filings, the company argued it needs to build a second span across the Detroit River to handle traffic while it repairs the Ambassador so it can compete with the publicly financed bridge.

U.S. Sen. Gary Peters, D-Bloomfield Township, said Saturday negotiations have centered on the Canadians fronting money for construction of the plaza and then be repaid by tolls.

“My focus right now has been to ensure that … when the plaza is built that it is fully staffed” with customs and border patrol agents, Peters told The Detroit News.

He expressed frustration that the Obama administration and Congress have resisted appropriating tax dollars toward building the customs plaza to be “a partner in this border crossing.”

“To me, it’s an embarrassment to the United States government,” Peters told The News.

Staff Writer Chad Livengood contributed.

Originally posted by The Detroit News

Editorial: Fund the bridge

The Detroit News

From the way the Obama administration treats Canada, you might think our northern neighbor was hostile, rather than our closest friend and ally. The Canadians want two things from the United States in terms of joint infrastructure projects: The Keystone XL pipeline and the Detroit River International Crossing, the new bridge that will connect Detroit and Windsor.

The former is famously held hostage to President Barack Obama’s political agenda, and the latter was curiously missing from the administration’s $4 trillion budget released Monday.

While we disagree with the president’s stubborn stance on Keystone, at least it can be explained as an appeasement to the Democratic Party’s environmental base.

Not providing the $250 million to $300 million needed to get construction of the Detroit River span underway is harder to understand.

The money would go to build the U.S. Customs and Border Protection Plaza to service the new bridge. It represents the only up-front funding for the project from the United States.

Canada considers the bridge so essential to North American trade that it is putting up the rest of the $1.5 billion cost; Michigan will repay it’s share by forfeiting toll fees. It’s a great deal for the state, and for the country.

That charity shouldn’t be necessary. Obama has said federally funded infrastructure projects are a priority and would create jobs for middle-class workers.

And yet on both the Keystone project and the Detroit River crossing, the administration is stalling.

The binational authority formed to build the bridge is proceeding the best it can.

Last week, it awarded a $17 million contract for engineering work. And the Canadians have been building the Windsor-Essex Parkway to handle bridge traffic.

But the customs plaza is integral to the project, and must be funded before actual bridge construction begins.

Members of Michigan’s congressional delegation say they are still hopeful a supplemental appropriation will provide funding for the plaza. Senior members of the delegation should use their clout to move it up the priority list.

Washington has scaled back on bridge and highway spending because of shortfalls in the national trust fund that helps pay for such work.

But the rest of the budget is packed full of non-essential spending. Finding the money for a special appropriation to get the Detroit River span underway shouldn’t be impossible.

Construction of the bridge is expected to create 10,000 to 15,000 jobs over the five-year build-out. Many of those construction workers will be hired from Michigan. That’s an enormous economic boost for the state.

Canada is the United States’ largest trading partner, with $1.7 billion worth of goods crossing the border every day. A large portion of that commerce goes back and forth over the Detroit River, and the new span will enhance Michigan’s share.

This is a real project and one that soon will be shovel ready. The Obama administration should do its part to get construction underway.

Originally posted by The Detroit News

New Michigan senator poised to lead fight and secure new bridge plaza funding

The Windsor Star
Dave Battagello

Newly elected Sen. Gary Peters (D-Michigan) listed securing $250 million for a U.S. Customs plaza for the new Detroit River bridge as a top priority Tuesday just before being sworn into office.

Peters, a Detroit-area congressman elected as freshman senator in November to replace retiring political stalwart Carl Levin, has long been a primary advocate to get construction started on the $2.1-billion Detroit River International Crossing project.

In his new role as senator, he called the DRIC bridge critical for both the Michigan and U.S. economies during a conference call with reporters.

“The international trade crossing is perhaps the most important infrastructure project in the whole country,” Peters said. “I will continue to push very aggressively for that.”

Peters has already secured a seat on the Senate Homeland Security and Governmental Affairs Committee — a key entity in Washington that decides spending and legislative priorities.

Peters indicated Tuesday he is also working hard to develop a relationship with Homeland Security boss Jeh Johnson — who DRIC supporters have been tirelessly lobbying to put money in the budget for the customs plaza in Detroit.

“(Johnson) just saw me in the hallway, raised his hand, and said ‘I know, I know, the bridge, the bridge,’” Peters said. “He knows where I’m coming from. It’s a priority. It’s something I’m going to continue to push very hard for.”

Peters will also sit on the Commerce, Science and Transportation Committee, among others.

Committees are “quite influential” in terms of decision-making in Washington, said Bill Anderson, a Boston native and director of the University of Windsor’s cross-border institute.

“It varies from committee to committee, but in the American system, most of the give and take takes place in committees,” he said. “Whether you are in the House or Senate, getting a seat on the right committees is something every legislator really strives for.

“(Peters) having a seat on Homeland Security is a great thing. He can be a strong voice on the (bridge) issue. I hope he not only can appeal to the Senate, but also administration (under President Obama) in his own party.”

Peters also spoke at length Tuesday about ongoing concerns of petroleum coke — a byproduct from Canada’s oilsands. He was a political leader over a year ago to help remove massive piles of petcoke from the riverfront in Detroit.

Peters indicated he remains opposed to the controversial Keystone XL pipeline from Canada into the U.S. largely because of the petcoke issue.

“Petcoke on the Detroit River was not handled properly — it was blowing into people’s homes and businesses,” he said. “Detroit was just an example of what may happen if the Keystone pipeline goes all the way into New Orleans.

“We need a study on petcoke to determine its effects and best practices on how to handle it. I want to go from no standards to best standards.”

Local MP Brian Masse (NDP–Windsor-West) said having a seat on such influential committees gives Peters a chance to “steer the ship” and set the agenda on “issues he wants to focus on.”

“Having this (Windsor-Detroit) border reinforced in Washington is critical,” Masse said. “It has not been getting the attention it deserves. Having him there can make a difference. Just raising the issues and bringing it there is a critical component to getting any change.

“If someone can do this, it would be him. I’m confident in his abilities. He will bring this region to Washington. He is one of those type of guys. He has a real genuine interest in the area.”

Sandy Baruah, CEO of the Detroit Chamber — also active in lobbying to build the DRIC bridge — believes it will definitely make a difference with Peters in place as “someone who has really been engaged on the issue.”

He cited Peters’ being able to secure a seat on the homeland security committee, previously introducing legislation last term as a congressman to get funding for the bridge plaza, plus his growing ties with Johnson as positive signs.

Baruah said he believes it won’t be necessary for Canada to pay for the DRIC customs plaza — as Ottawa hinted it will do if delays continue.

“I really don’t think it will come to that,” Baruah said. “We have been working closely with the (Michigan) governor (Rick Snyder) and we think there are things afoot to ensure Canada does not have to pay for it.

“That would be embarrassing if that were the case. Canadians have already done a lot of heavy lifting on this project. Our position is this is U.S. infrastructure required for the U.S. government, so the U.S. government should pay for it.”

Originally posted by The Windsor Star

Ambassador Bridge crash snarls traffic

CTV Windsor

Traffic was backed up on the Ambassador Bridge Tuesday afternoon after a reported collision between three transport trucks.

Windsor police say bridge traffic was slow coming into Canada and has stopped heading to the U.S.

A truck driver stuck on the bridge around 1:30 p.m. told CTV News both directions were at a standstill. He says Windsor emergency crews attended the scene. The crash appeared to be right in the middle of the bridge.

Traffic was also lined up along Huron Church road leading to the bridge.

Police say there were no injuries.

All lanes were open again around 3:30 p.m.

Originally posted by CTV Windsor

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