The ongoing debate over a new highway project in Austin continues to heat up as the road’s construction start date moves even closer. At issue is SH 45 SW, a proposed toll road which would be built between MoPac Expressway and FM 1626 by two state agencies – the Texas Department of Transportation (TxDOT) and the Central Texas Regional Mobility Authority (CTRMA). More info>>
What are the environmental concerns?
Environmental organizations like the Save Our Springs Alliance have raised concerns about the proposed road because it would run on top of the Barton Springs segment of the Edwards Aquifer, which feeds into Barton Springs, as well as caves containing species that are protected by the Balcones Canyonlands Conservation Plan.
Currently the land where the highway would be built is green space, allowing for the natural filtration of rainwater. If the road is built, rainwater will fall on the asphalt, pick up contaminants, and then run into Barton Springs, potentially harming the endangered salamander species that live there, as well as the swimming areas. The road could also destroy prime habitat for the golden-cheeked warbler, a small songbird that breeds only in Central Texas.
What about the lawsuit?
Because of this, the Save Our Springs Alliance (along with several other local environmental organizations and community leaders) filed a lawsuit against TxDOT and CTRMA, calling on them to stop construction of the road until a more comprehensive environmental analysis can be conducted. This lawsuit was filed in February, and its main contention is that SH 45 SW is only one piece of a larger project that also includes MoPac South and the MoPac South intersections project near Circle C. Along with a second segment of SH 45 SW that is in the planning stages, the road would eventually connect MoPac to I-35.
The suit continues on to argue that TxDOT and CTRMA have violated federal environmental protection laws by artificially segmenting a much larger project into these three parts, so environmental impact studies would only address each separate piece, without studying the cumulative effects of the entire project on Barton Springs.
Last week the Save Our Springs Alliance filed a second federal lawsuit against TxDOT, charging that they sidestepped an Endangered Species Act requirement to engage with the U.S. Fish & Wildlife Service and ensure that highway construction will not harm listed endangered species. This second lawsuit may be combined with the one filed in February.
What is the City of Austin’s position?
After hearing about these concerns, the city’s Environmental Commission (a citizen advisory group), voted earlier this month to recommend that City Council join the lawsuit against SH 45 SW. City Council has already come out in opposition of the road, but the commissioners are urging them to take it one step further, by actually joining in on the formal legal action.
Originally, city staff had been working closely with TxDOT and CTRMA to help them design a road that would meet City of Austin water quality standards or include protective measures to minimize environmental impacts. However, at the Environmental Commission meeting earlier this month, city staffers revealed that the final design does not include enough environmental protections. It will now be up to City Council to decide whether or not they want to join in on the lawsuit.
Who supports the road?
The project early-on received favorable treatment by the Travis County Commissioners Court, which voted in 2013 to support its construction. Travis County Commissioner Gerald Daugherty has been an especially avid supporter, saying that the road is necessary to reduce traffic and respond to growth in the more suburban segments of Southwest Austin and Northern Hays County. However, the recent election of Travis County Commissioner Brigid Shea and County Judge Sarah Eckhardt have contributed to a tipping of the scales of opinion at the county level. Both campaigned against the road when they were elected to their current positions in 2014.
What’s next?
Construction on SH 45 SW is set to begin in October. However, in mid-August, a judge will hear arguments and decide whether or not the Save Our Springs Alliance’s lawsuit can continue. Even if the judge rules in favor of the alliance and the lawsuit goes forward, TxDOT has indicated it will proceed with construction as planned, starting on October 1st. Halting construction pending the lawsuit’s outcome would require either TxDOT’s consent or court action to impose a temporary injunction.
