SALT LAKE CITY — A judge has thrown out a lawsuit filed by a pair of environmental groups against the Utah Inland Port Authority.
Utah Physicians for a Healthy Environment and the Center for Biological Diversity primarily challenged the Utah Inland Port Authority's management, arguing that the legislature exercises too much control over the board in violation of the separation of powers clause of the Utah Constitution.
In her ruling, 3rd District Court Judge Heather Brereton disagreed.
"The UIPA Board engages in fact-finding and making determinations about project areas and approvals. The UIPA Board carries out administrative duties in coordinating with municipal and county governmental entities and in implementing plans and projects. The UIPA does not exercise core or essential powers of any one branch. The Court condudes that because the UIPA Board is not an executive branch agency exercising core executive powers, its members do not need to be appointed solely by the Governor," she wrote.
The inland port has been billed as one of the largest economic development projects in state history. Inland ports utilize roads, rail and air to bypass a traditional coastal port and get goods distributed across a region. In recent years, the port project has moved away from a single site in Salt Lake City to several hubs scattered across the state. The project has brought protest over pollution and other environmental concerns, particularly with sites near the Great Salt Lake.
In a statement to FOX 13 News, Utah Physicians for a Healthy Environment said it "strongly disagreed" with the judge's conclusions and suggested it will appeal.
"The Utah Inland Port Authority (UIPA) clearly functions as a state agency. They analyze, approve, and direct economic projects at a granular level beyond what the legislature can do given the limitation of their constitutional authority. Yet they are still effectively controlled by the legislature despite the law they passed in the last session in response to our lawsuit," said Dr. Brian Moench, the group's president. "This is a violation of the state constitution's separation of powers, and it deserves to be litigated, not dismissed. We will likely appeal, and we will continue fighting UIPA's massive corporate subsidies, exploitation of the state's natural resources, environmentally destructive projects on behalf of all Utah's citizens."
The Utah Inland Port Authority praised the ruling.
“We appreciate the court’s clarity and will stay focused on transparent, rail-first economic development that strengthens Utah’s supply chains while advancing environmental stewardship and community benefits statewide,” said Ben Hart, Executive Director of UIPA, in a statement to FOX 13 News.
