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.
"What they have been doing is fast-tracking industrial development throughout Utah but in particular in the Great Salt Lake Basin. This is where some of our most serious concerns lie," the Center for Biological Diversity's Deeda Seed, one of the plaintiffs, told FOX 13 News in an interview.
Seed called it "another example of legislative overreach."
The lawsuit brought a vigorous response from the Utah Inland Port Authority's executive director, who complained he heard about the litigation from the press before he was even served with court papers.
"We believe there’s not a lot of merit to this lawsuit, what we’ve seen so far," UIPA Executive Director Ben Hart told FOX 13 News. "We’ll take a hard stance, we'll defend ourselves, because we’re doing everything right. We’re doing everything by the book. We’ve been doing everything we can to work with this group for the last two years. They’ve refused, they’ve refused, they’ve refused and then they file a lawsuit."
At his monthly news conference, Governor Spencer Cox said he would watch the litigation closely.
"I'm interested to read what the allegations are in that lawsuit," he said.
Asked by FOX 13 News about the lawsuit's allegations of harms to the Great Salt Lake that the Cox administration has insisted it is committed to saving, the governor replied: "We don’t believe those projects are too close to the Great Salt Lake. We’ve worked very closely to make sure that this type of development is protective of 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 nearby communities.
In response to the protests, port officials have insisted their developments will 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.
Hart argued on Thursday the port authority's efforts will protect the area from further development that would be much worse.
"We're doing more than to protect Great Salt Lake than has been done by any previous development group. We’re taking extreme measures in Weber County, we’re getting ready to make a $2.5 million contribution in Salt Lake County," he said, referencing plans to build a new buffer between lake habitat and development. "To blast us and say we’re not doing anything to protect the wetlands is nothing short of stupid, which is exactly what this lawsuit is."
The lawsuit seeks to have the port authority's creation declared illegal, which could upset projects already in the works.
"It’s back to the drawing board, which actually is very good for the public," Seed said. "Because these questions that we’ve been asking for years can get answered. Like what is the impact to the water resources here? Is this really in the public interest?"
