The National Environmental Policy Act (NEPA) requires that the agency responsible for the Environmental Impact Statement (EIS) address the citizens’ comments in writing. The response, while not required to be substantive like citizen comments are, still must not be arbitrary or capricious. UDOT responses were frequently capricious and irrelevant to the comment or question.
The Central Wasatch Commission (CWC) and their Stakeholders Council put five questions on policy failures to UDOT. UDOT responded with dozens of specific references to their EIS. Nearly all references addressed some other question and were irrelevant to the five questions asked.
In response, The Central Wasatch Commission and their Stakeholders Council sincerely offered — but were soundly rejected by UDOT and the governor — to engage in conflict resolution (Disagree Better Initiative). UDOT stated that the EIS was closed with the record of decision, and therefore they could not engage in an appeal. The truth is exactly the opposite, only after the record of decision is filed can they accept an appeal. UDOT told the commission that they will only respond to litigation for which the window ends on Dec. 11. The Disagree Better Initiative bridge was burned.
The CWC has chosen not to litigate, leaving that duty to the citizens to protect all citizens from a billion-dollar gondola supported by members of your Legislature so that they will not have to ride a bus to go skiing.
Kirk Nichols, Salt Lake City
