Controversy dogs Washington County’s proposed highway

A proposed regional transportation corridor in Washington County that has been a subject of debate for more than a decade took another controversial turn, with a lawsuit announced this week challenging federal agencies for breaking their own rules for review.

The Washington County Commission and County Attorney Eric Clarke are suing the Bureau of Land Management and the U.S. Fish and Wildlife Service, asserting the agencies improperly started and completed a biological analysis that effectively revoked approval of the Northern Corridor. It had been approved in 2021, but then the regional transportation route was once again off the table for further review.

“In March, (the fish and wildlife service) withdrew its analysis that concluded the expansion of the Red Cliffs Desert Reserve fully offset the Northern Corridor’s impacts to the Mojave desert tortoise recovery efforts,” Clarke said. “They ignored the regulatory triggers that would allow for the reconsideration, and instead stated that the only justification for the reconsideration was a back-room deal with environmental groups.”

The four-lane, 4.5-mile highway would run through the federally protected Red Cliffs National Conservation Area and has been the subject of two heated on-site congressional field hearings in Washington County.

Conservation groups reject Washington County claims

“This lawsuit is the latest attempt by Washington County to force a highway where it doesn’t belong. Viable alternatives exist that would be a better use of taxpayer funds, but for over 15 years, Washington County leaders have clung to the proposed route as the only option, doing a disservice to local residents who have been vocal in their opposition to the highway, wildlife, and all who visit the Congressionally-designated Red Cliffs National Conservation Area,” said Holly Snow Canada, executive director of Conserve Southwest Utah. “It’s beyond time for the county to start working on transportation alternatives that don’t go through the NCA.”

Snow Canada issued the statement also representing the Southern Utah Wilderness Alliance, Conservation Lands Foundation, Advocates for the West, Center for Biological Diversity, Defenders of Wildlife, The Wilderness Society, and WildEarth Guardians.

She added: “Washington County is trying to revive what has proven to be a failed and widely unpopular approach, which hinges on ignoring the science and the law and forcing an unnecessary and unworkable high-speed highway through a National Conservation Area. We should expect more from our elected representatives.”

Washington County had finalized a habitat conservation plan to help protect the Mohave desert tortoise as part of a biological opinion subsequently abandoned by the federal government. That means, the lawsuit contends, the expenditure of more money, according to the county, which has already spent millions. It also said the Utah Department of Transportation has spent more than $8 million on the corridor plans.

“The federal government approved this road and Washington County, relying on that approval, spent several years and $6 million in taxpayer funds to meet extensive environmental requirements,” Washington County Commissioner Adam Snow said. “The Biden administration’s attempt to now revoke that approval is not only unlawful, but is also a slap in the face to our county’s citizens. We refuse to stand idly by. There needs to be legal consequences.”

Washington County also contends a large section of land owned by the Utah School Trust Lands Administration has been set aside for the corridor and if the project is derailed, that means the land could be sold for development, leading to permanent habitat destruction and risk to hundreds of the animals.

“Another concern is that we will no longer be able to intensively manage this beloved area, including by using law enforcement patrols and fencing maintenance,” states Washington County HCP Administrator Cameron Rognan. “The consequences would include increased impacts from recreational vehicles, garbage dumping, and target shooters. This would be a tragedy for our community.”

Clarke added: “Washington County has successfully worked with BLM and FWS to protect the tortoise population for decades. Through this unique partnership, our area has been able to develop economically while simultaneously rehabilitating the tortoises and preserving open spaces for tortoise habitat. The BLM and the FWS’s actions have damaged our longstanding trust and jeopardized future cooperation.”