SALT LAKE CITY — A lawsuit has been filed over the Utah inland port project, accusing lawmakers of violating the constitution's separation of powers with its very formation as well as promoting projects that are threatening the ecosystem of the Great Salt Lake.
The litigation, filed by Utah Physicians for a Healthy Environment and the Center for Biological Diversity on Thursday morning, alleges that the inland port authority has an "unconstitutionally formed board under the control of the Utah legislature" usurping Governor Spencer Cox's role to make appointments and execute the law under the power of the executive branch.
"The constitutional violation undermines the electorate’s ability to hold state officials accountable. UIPA’s decision to approve the development of a project area has severe consequences on local communities, which face an entirely new reality in the wake of concentrated industrial development on lands that are often wetlands, currently used for agriculture, or open space," Michelle White, the plaintiff's attorney, wrote.
"Families that moved to these typically rural areas, specifically seeking peace and quiet, have had their lives upended by the rush to develop project areas. Once a project area is created, UIPA funnels significant taxpayer resources to the development of the area. But the public cannot hold any official accountable for these actions, because the majority of the UIPA voting board members are appointed by the House speaker and Senate president."
The impacts of those projects, the lawsuit alleges, threatens the Great Salt Lake.
"Approximately 73,000 acres of wetlands are within or adjacent to the geographic boundaries of project areas created in the last two years by the current board, putting these critical and unique ecosystems at risk of irretrievable loss," White wrote. "For example, the West Weber Inland Port is situated on nearly 9,000 acres of wetlands directly adjacent to the Great Salt Lake, in between the Harold S. Crane and Ogden Bay Waterfowl Management Areas. The Tooele Valley has two project areas, which together impact nearly 12,000 acres of high functioning biological wetlands adjacent to the Great Salt Lake."
The inland port has been billed as one of the largest economic development projects in state history. It is designed to bypass a traditional coastal port, allowing goods to be distributed more quickly across regions by road, rail and air. The project has been controversial since its inception with environmental and community groups raising concerns about increased pollution, traffic and other negative impacts to neighborhoods.
In response, port officials have insisted their developments would be more environmentally friendly. They have also moved away from the idea of a central port on Salt Lake City's west side in favor of smaller "hubs" around the state. Port projects have also been approved near Cedar City, Richfield, Price, Tooele and Ogden.
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