SALT LAKE CITY — Environmentalists' lawsuit over the Utah Inland Port Authority has been derailed by a change implemented by the Utah State Legislature.
At a hearing in Salt Lake City's 3rd District Court on Thursday, a judge declined to hear arguments in a coalition of environmental groups' litigation. Both sides were prepared to discuss a motion to dismiss filed by lawyers for the port authority and the legislature. Judge Heather Brereton cited a recent change in statute passed this year on the makeup of the Utah Inland Port Authority's board.
"I think it clearly changes one of the causes of action in that the legislature doesn’t have control over the board," Judge Brereton said.
However, the judge allowed the environmental groups to file an amended complaint and proceed with their lawsuit.
"We’re encouraged on the one hand that the judge sees that there’s the potential for us here to prevail. So we’re looking forward to the next opportunity," Dr. Brian Moench of Utah Physicians for a Healthy Environment, one of the plaintiffs in the lawsuit, told FOX 13 News outside of court.
At issue is a bill the Utah State Legislature passed this year that shifts who appoints a majority of the port authority's board. Environmentalists sued last year, arguing that the House Speaker and Senate President picking a majority of board members violated the Utah constitution. The bill that passed now gives the majority of picks to the governor.
The newly formed port authority board recently met and re-affirmed the actions of the prior board, which included a series of project areas around the state.
"We feel like we have a board that is well constituted. We want to give the legal process time to play out," Ben Hart, the executive director of the Utah Inland Port Authority, told FOX 13 News. "But at the same time, we have a legislative charter to make sure that we are creating economic independence for the state of Utah, logistics independence for the state of Utah. The legal proceedings won’t stop the port from doing what we’re doing and what we need to do."
The inland port project has been billed as one of the largest economic development projects in state history. It operates similar to a coastal port, but utilizes road, rail and air to get goods quickly in and out of the region. Environmentalists have protested it, arguing the plans (particularly along the Wasatch Front) threaten Great Salt Lake wetlands and air quality.
"We need to protect the public interest here. We need to protect the Great Salt Lake, we need to protect our air quality. We need to protect us from this rapid-fire industrialization of the Wasatch Front," Dr. Moench said.
Judge Brereton allowed the environmental group plaintiffs to file an amendment complaint and scheduled new arguments for July.
"I do feel like we’re doing right by the citizens of the state," Hart said. "I feel like we’re doing right by the state constitution and code. Ultimately, we’ll see how the judge rules."
