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Environmental groups lob new suit at I-69 work

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An Indiana environmental group once again is attempting to stop construction of the Interstate 69 extension between Evansville and Indianapolis by filing suit in federal court.

The Hoosier Environmental Council and Citizens for Appropriate Rural Roads brought their complaint Tuesday in U.S. District Court in Indianapolis seeking to overturn a permit the Army Corps of Engineers issued for the $3 billion project.

The groups say the agency failed to comply with a section of the Clean Water Act because it approved a permit to discharge about 225,000 cubic yards of fill material into wetlands and streams in Greene and Monroe counties without considering less-damaging alternatives.

“In its own rules, the Corps has determined that 'most wetlands constitute a productive and valuable resource, the unnecessary alteration or destruction of which should be discouraged as contrary to the public interest,’” the environmental groups argue in their suit.

A spokeswoman for the Louisville division of the Army Corps of Engineers said the agency is aware of the lawsuit but cannot comment on pending litigation.

The complaint targets what’s known as Section 4 of I-69, which extends 26 miles from the Crane Naval Surface Warfare Center to Bloomington. Construction on the stretch is under way and should be finished by the end of 2014 at an estimated cost of at least $532 million.

The portion of roadway will cross 18 waterways, affecting about 88,000 linear feet of water and filling more than 9 acres of wetlands, the groups argue.

The odds of halting work on the new terrain route appear long, however. Three sections of I-69 extending from Evansville to Crane already are finished.

In addition, the latest lawsuit is the Hoosier Environmental Council's third legal attempt to halt construction on the 142-mile link.

In February 2011,  and again the following October, HEC filed similar suits seeking to halt work on two now-finished sections of the interstate.

Last July, federal Judge Larry J. McKinney denied the first challenge. HEC since has appealed the judge’s decision to the 7th Circuit U.S. Court of Appeals in Chicago.

A decision on the second suit is on hold pending the outcome of the appeal.

Once the section to Bloomington is finished, work is set to begin on the two remaining sections stretching from Bloomington to Interstate 465 on the south side of Indianapolis.   

A lack of funding threatens completion of the remaining sections, though. The southernmost part of the road has been funded in part from proceeds of the $3.8 billion lease of the Indiana Toll Road.

The Indiana Department of Transportation has designated more than one-third of its entire federal highway aid this year toward building the 27 miles between Crane and Bloomington.

A report INDOT filed with the Federal Highway Administration states that 36 percent — or $281.3 million — of the $791 million Indiana will receive this year in federal road funding has been allocated to this stretch of I-69 in 2013.

That’s in addition to the $70 million in state highway funds budgeted in 2013 for Section 4.
 
 

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  1. Call it unauthorized law if you must, a regulatory wrong, but it was fraud and theft well beyond that, a seeming crime! "In three specific cases, the hearing officer found that Westerfield did little to no work for her clients but only issued a partial refund or no refund at all." That is theft by deception, folks. "In its decision to suspend Westerfield, the Supreme Court noted that she already had a long disciplinary history dating back to 1996 and had previously been suspended in 2004 and indefinitely suspended in 2005. She was reinstated in 2009 after finally giving the commission a response to the grievance for which she was suspended in 2004." WOW -- was the Indiana Supreme Court complicit in her fraud? Talk about being on notice of a real bad actor .... "Further, the justices noted that during her testimony, Westerfield was “disingenuous and evasive” about her relationship with Tope and attempted to distance herself from him. They also wrote that other aggravating factors existed in Westerfield’s case, such as her lack of remorse." WOW, and yet she only got 18 months on the bench, and if she shows up and cries for them in a year and a half, and pays money to JLAP for group therapy ... back in to ride roughshod over hapless clients (or are they "marks") once again! Aint Hoosier lawyering a great money making adventure!!! Just live for the bucks, even if filthy lucre, and come out a-ok. ME on the other hand??? Lifetime banishment for blowing the whistle on unconstitutional governance. Yes, had I ripped off clients or had ANY disciplinary history for doing that I would have fared better, most likely, as that it would have revealed me motivated by Mammon and not Faith. Check it out if you doubt my reading of this, compare and contrast the above 18 months with my lifetime banishment from court, see appendix for Bar Examiners report which the ISC adopted without substantive review: https://www.scribd.com/doc/299040839/2016Petitionforcert-to-SCOTUS

  2. Wow, over a quarter million dollars? That is a a lot of commissary money! Over what time frame? Years I would guess. Anyone ever try to blow the whistle? Probably not, since most Hoosiers who take notice of such things realize that Hoosier whistleblowers are almost always pilloried. If someone did blow the whistle, they were likely fired. The persecution of whistleblowers is a sure sign of far too much government corruption. Details of my own personal experience at the top of Hoosier governance available upon request ... maybe a "fake news" media outlet will have the courage to tell the stories of Hoosier whistleblowers that the "real" Hoosier media (cough) will not deign to touch. (They are part of the problem.)

  3. So if I am reading it right, only if and when African American college students agree to receive checks labeling them as "Negroes" do they receive aid from the UNCF or the Quaker's Educational Fund? In other words, to borrow from the Indiana Appellate Court, "the [nonprofit] supposed to be [their] advocate, refers to [students] in a racially offensive manner. While there is no evidence that [the nonprofits] intended harm to [African American students], the harm was nonetheless inflicted. [Black students are] presented to [academia and future employers] in a racially offensive manner. For these reasons, [such] performance [is] deficient and also prejudice[ial]." Maybe even DEPLORABLE???

  4. I'm the poor soul who spent over 10 years in prison with many many other prisoners trying to kill me for being charged with a sex offense THAT I DID NOT COMMIT i was in jail for a battery charge for helping a friend leave a boyfriend who beat her I've been saying for over 28 years that i did not and would never hurt a child like that mine or anybody's child but NOBODY wants to believe that i might not be guilty of this horrible crime or think that when i say that ALL the paperwork concerning my conviction has strangely DISAPPEARED or even when the long beach judge re-sentenced me over 14 months on a already filed plea bargain out of another districts court then had it filed under a fake name so i could not find while trying to fight my conviction on appeal in a nut shell people are ALWAYS quick to believe the worst about some one well I DID NOT HURT ANY CHILD EVER IN MY LIFE AND HAVE SAID THIS FOR ALMOST 30 YEARS please if anybody can me get some kind of justice it would be greatly appreciated respectfully written wrongly accused Brian Valenti

  5. A high ranking Indiana supreme Court operative caught red handed leading a group using the uber offensive N word! She must denounce or be denounced! (Or not since she is an insider ... rules do not apply to them). Evidence here: http://m.indianacompanies.us/friends-educational-fund-for-negroes.364110.company.v2#top_info

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