SALT LAKE CITY — A series of legal challenges against a proposed gondola in Little Cottonwood Canyon could be combined into a mega-lawsuit.
In court filings obtained by FOX 13 News, lawyers for Salt Lake City, Sandy City, Save Our Canyons, Friends of Alta ask a federal judge to merge the three separate lawsuits against Utah's Department of Transportation into one. While acknowledging there are differences in the lawsuits, they essentially go after one thing.
"Here the lawsuits present a clear common question—whether UDOT and related authorities acted in a manner that was arbitrary, capricious, or contrary to law when they issued the [record of decision] and approved the [Little Cottonwood Canyon] Project without complying fully with NEPA," Megan Houdeshel, an attorney representing Salt Lake City and Sandy City, wrote in the filing.
UDOT told FOX 13 News on Monday it did not oppose the maneuver. If a federal judge grants the motion, it could streamline the litigation over the controversial proposal.
"Additionally, consolidation is unlikely to lead to any adverse result, as the Lawsuits are in their earliest stages and no delay or other prejudice would result from consolidation. For these reasons, consolidation would be in the interest of fairness and judicial economy and should be granted," Houdeshel wrote.
UDOT has opted to support building a gondola as a way to deal with Little Cottonwood Canyon congestion. But the move has been opposed from Salt Lake County Mayor Jenny Wilson and the Salt Lake County Council, Salt Lake City and Sandy City (which control the watershed in the canyons), and numerous environmental groups who complain about pollution and impacts to the canyon itself. Governor Spencer Cox supports the gondola project, while members of the Utah State Legislature have mixed opinions.
The gondola option remains unfunded by the Utah State Legislature. Instead, UDOT has said it will pursue other options first including public transit improvements and toll roads in the canyon.
"We appreciate and understand the interest in the pending litigation. However, while the litigation is pending, we cannot comment on the specifics of any of the claims or issues. We intend to defend the decision by demonstrating that our thorough consideration of alternatives, impacts, and stakeholder input is supported by the administrative record for the decision," the agency said in a statement to FOX 13 News. "The decision reflects the extensive process we followed to address the project’s purpose and need to support and improve mobility, safety, and reliability in the canyon. The actions in the decision for this project reflect comprehensive evaluation and work over the last five years, including thousands of hours of analysis, significant public engagement including nine public comment periods, and decades of transportation planning as reflected in various state, regional, and local transportation planning documents."
UDOT went on to defend the gondola option, saying: "Unreliable travel times in the canyon impact everyone entering and exiting the canyon. Avalanche debris, vehicle crashes, inexperienced or slow drivers, and poor road conditions all delay travel in the canyon. The gondola provides safe and reliable travel as it is independent of the road and elevated above avalanche paths. Currently, the road hits capacity almost every weekend during the winter, and with our projected population growth, a solution is needed that does not rely on people driving personal vehicles in the canyon. The gondola is a type of mass public transportation new to Utah but it is a public transit option that is used successfully all over the world."
A federal judge has yet to schedule a hearing in the lawsuits.
