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