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  • Interstate 81 Lawsuit

    A Lawsuit that aims to sop the expansion of Interstate 81 has a lot more to it than
    just road construction, new parties to the suit say.

    Earlier this month, seven groups joined the federal lawsuit against the Virginia Department Of Trannsportation and Federal Highway Administration.

    The new organizations represent a range of interests working to protect historic sites, farms, battlefields, natural enviorments, and scenic landscapes members say.

    "The scale of the issue is a regional issue," explains John Eckman, Of the Valley Conservation Council, A Staunton -based group that joined the suit. "Our organization has never been involved in litigation prior to this.... That tells you how important this issue is."

    The other new parties - Including the National Trust for Historic Preservation, Scenic Virginia, APVA Preservation Virginia, Virginia Organizing Project, Rockbridge Area Conservation Council and Sierra Club - join Shenandoah County Farmer Larry Allamong, the Shenandoah Valley Network, and the Coalition for Smarter Growth. Those Three plantiffs filed the lawsuit on Dec. 17 in U.S. District Court for the Western District of Virginia in Charlottesville.

    The organizations want to prevent the Federal Highway Administration from allowing VDOT to move forward with the proposed expansion of Interstate-81 until the agencies have corrected what plantiffs call "the plan's fundamental flaws."

    Since the suit was originally filed, VDOT has ended negotiations with a transportation consortium that has proposed a multi-lane additionto the Highway.

    But other plans involving the construction of additional lanes are still being considered, along with more modest proposals like truck-climbing lanes and adding lanes only at key areas prone to congestion.

    Richard Moe, president of the National Trust for Historic Preservation, said in a statement that a multi lane expansion would bury importanthistoric and cultural resources and "lead to dramatically increased heavy traffic through the pristine landscape of the Shenandoah Valley."

    Instead, he says the agencies could reopen the planning to find "less costly, less destructive alternatives to massive widening."

    The plaintiffs suit says several of the VDOT proposals would allow widening of Interstate-81 to 8 to 12 lanes through out western Virginia.

    VDOT officials have said some expansion is needed to decrease traffic congestion on the 325-mile stretch of interstate. The Federal Highway Administration approved the agency's plan in June.

    The lawsuit says irreversible damage is sure to result: "VDOT's plan for Interstate-81 would destroy 7,400 acres of developed land; 1,062 acresof prime farmland; between 1,600 and 2,400 residences; 662 buisnesses; 1,238 acres of Civil War battlefields; 33 acres of wetlands; 361 acres of floodplains; 23 miles of streams; and 13 threatened and endangered species." - Daily News Record Harrisonburg, VA Monday, February 25 2008.

    I don't understand why CWPT has not joined this lawsuit. I feel if VDOT wins other agencies might get the same idea.

    History Geek
    Evan Hunsberger
    I play drums because nobody knows when I play the wrong notes.

  • #2
    Re: Interstate 81 Lawsuit

    12 lanes??? I was just on that interstate a week ago after visiting Lexington, VA. That is just insane. No congestion at all, as I recall, and there are several areas that will need some serious demo to blow the mountains out of the way for 12 lanes to go through.
    James Rice
    Co. H, 2nd Florida
    [i]"Tell General Hancock that I have done him and you all an injury which I shall regret as long as I live."~ Brig.Gen. Lewis Armistead, CSA[/i]

    Comment


    • #3
      Re: Interstate 81 Lawsuit

      I too have been on that highway more than a few times. I can see expanding only slightly to include truck climbing lanes but widening to 8-12 lanes is not necessary. I did not notice that the traffic was terribly congested when I was on 81, not anything like I-40.
      Matthew S. Laird
      [email]CampMcCulloch@gmail.com[/email]
      [COLOR="DarkRed"]Rogers Lodge #460 F&AM

      Cane Hill College Mess, Company H, McRae's Arkansas Infantry
      Auxiliary, New Madrid Guards Mess
      [/COLOR]
      [I]"An association of men who will not quarrel with one another is a thing which has never yet existed, from the greatest confederacy of nations down to a town meeting or a vestry. "[/I] Thomas Jefferson

      [SIGPIC][/SIGPIC]

      Comment


      • #4
        Re: Interstate 81 Lawsuit

        I've driven I-81 since the mid-1980s, usually once or twice a year. The last trip we took on it in December, the traffic reminded me of that seen on I-95 back in the mid-1980s as it was becoming really bad. An extra lane for the truckers might be a help but I do have trouble understanding the argument for as many lanes as being reported. Part of the problem is the population growth in parts of the valley. Stanton and the area surrounding the I-64 and I-81 junction has become very popular reportedly (and by visual evidence of the construction) with retiring boomers (and I am one, but I'm staying in Northern Virginia). Other parts of the valley don't seem as affected by this yet but even this kind of localized development is going to have an impact on traffic levels.

        Robert A. Mosher

        Comment


        • #5
          Re: Interstate 81 Lawsuit

          I live a little over a mile off 81, and travel it daily most weeks and lemme tell ya there are areas that are crrrrazy! and real killers annually,but when we say 'traffic' most of that traffic especially on Sundays is trucks! trucks trucks and more trucks constantly and when a truck wrecks, no matter whose fault it is..well the little guy pays! a BIG part of 81's answer (s) will always be increased rail freight! but I doubt it if this will ever be done, theres more pork in mulitple lanes/toll charges/ and,50 years+ of construction "improvements"! that argument of "trucks move so much that people just cant wait for" is thin, and its even thinner, like the blood of the squished motorist seeping down the guardrail when one judges by any other denomanator than the ****** mighty dollar bill! as with state governments everywhere we need intellegent answers, multiple answers even not just more destruction for more lanes full of more stupid Ahole drivers!:D
          Gary Mitchell
          2nd Va. Cavalry Co. C
          Stuart's horse artillery

          Comment


          • #6
            Re: Interstate 81 Lawsuit

            Truck lanes sure. But they don't need to ruin the entire vista to improve safety. I-77 past Mt. Airy to I-81 then on to Lexington was one of the most beautiful drives I've ever made.
            James Rice
            Co. H, 2nd Florida
            [i]"Tell General Hancock that I have done him and you all an injury which I shall regret as long as I live."~ Brig.Gen. Lewis Armistead, CSA[/i]

            Comment


            • #7
              Re: Interstate 81 Lawsuit

              Gary,

              I agree with everything you say. The answer to the traffic isn't more roads, it's freight and people movers, especially trains. Folks have gotten so spoiled the past 40 years or so with the ability to just jump in a car and tear down the highway, that they forget all the damage it does.

              Being able to take a bus, or a train to where you would like to go is wonderful. Buses and trains have gotten so much better, especially the buses, that it is enjoyable to ride them.

              Certainly it takes planning to work out the connections, and sometimes it takes a but longer to get there and back, but so what?

              There's a steep price to pay when folks want convenience, and spontaneity, it it's almost always the locals that pay that price through disruption of their lands and lives.

              If folks want to live outside the cities, that's fine. Just put some large parking lots alongside the train and bus stations, and let them travel that way.

              And don't get me going about the great myth of truckers keeping America fed and on the move....

              respects,
              Tim Kindred
              Medical Mess
              Solar Star Lodge #14
              Bath, Maine

              Comment


              • #8
                Re: Interstate 81 Lawsuit

                Being one who has traveled I-81 several times, I too have noticed increase in traffic flow, especially from Lexington to Staunton, but that is anywhere you go anymore. I am not in favor for the idea. However, it will be a hard battle to fight if it gets the okay from VA gov..
                Seeing the land being effected, it reminds me of what it was like when I-64 went through the heart of Virginia and all of the land it effected. It lead to mixed emotions and Civil War historian and buffs in disbelief!
                Micah Trent
                Tar Water Mess/Mess No. 1
                Friends of Perryville Battlefield State Historic Site

                Comment


                • #9
                  Re: Interstate 81 Lawsuit

                  Well,

                  This country is at anytime 72 hours away from famine. That is how much food the supermarkets stock- 72 hours worth. After that the people start eating, well, ??? Without trucks running 24/7 over our highways to deliver such famine begins, and I don't even want to think about the class war that will create.

                  This is why we need to grow "smart" if there is a way to do so. I live off of 81 by a few miles, and drive it every single day. Pretty soon it will need to be expanded. Yup, it will need to be. And the boost it will give to the local ecomomies will be well worth losing another couple of lanes worth of ground. And it is better to do so now, before the crisis, as it gives time for folks to do so smartly, rather than rushed and all "herky jerky"

                  Sorry, but we have to live in 2008, along with millions of other Americans in a captialist society. And Americans will not use mass transportation like Europe or Asia, we love our cars way too much, as we value our independance in even our travel.

                  I hate to see battlefields become asphalt, but if we are real smart, we can find a way that 81 is expanded to continue its support of America and Americans, while also doing so in the least intrusive manner possible, and increase battlefield awareness.

                  Running for cover now-
                  S. Chris Anders

                  "Authenticity Glorifies the Campaign"

                  Comment


                  • #10
                    Re: Interstate 81 Lawsuit

                    Originally posted by Wild Rover View Post
                    Well,

                    This country is at anytime 72 hours away from famine. That is how much food the supermarkets stock- 72 hours worth. After that the people start eating, well, ??? Without trucks running 24/7 over our highways to deliver such famine begins, and I don't even want to think about the class war that will create.

                    This is why we need to grow "smart" if there is a way to do so. I live off of 81 by a few miles, and drive it every single day. Pretty soon it will need to be expanded. Yup, it will need to be. And the boost it will give to the local ecomomies will be well worth losing another couple of lanes worth of ground. And it is better to do so now, before the crisis, as it gives time for folks to do so smartly, rather than rushed and all "herky jerky"

                    Sorry, but we have to live in 2008, along with millions of other Americans in a captialist society. And Americans will not use mass transportation like Europe or Asia, we love our cars way too much, as we value our independance in even our travel.

                    I hate to see battlefields become asphalt, but if we are real smart, we can find a way that 81 is expanded to continue its support of America and Americans, while also doing so in the least intrusive manner possible, and increase battlefield awareness.

                    Running for cover now-

                    Chris,

                    Wow...just wow...your'e the last person I would have expected this to come from.

                    I recommend this thread be closed as it has served its purpose to inform...and now is starting to get into politics, and what "we" think the solution is...

                    Paul B.
                    Paul B. Boulden Jr.


                    RAH VA MIL '04
                    (Loblolly Mess)
                    [URL="http://23rdva.netfirms.com/welcome.htm"]23rd VA Vol. Regt.[/URL]
                    [URL="http://www.virginiaregiment.org/The_Virginia_Regiment/Home.html"]Waggoner's Company of the Virginia Regiment [/URL]

                    [URL="http://www.military-historians.org/"]Company of Military Historians[/URL]
                    [URL="http://www.moc.org/site/PageServer"]Museum of the Confederacy[/URL]
                    [URL="http://www.historicsandusky.org/index.html"]Historic Sandusky [/URL]

                    Inscription Capt. Archibold Willet headstone:

                    "A span is all that we can boast, An inch or two of time, Man is but vanity and dust, In all his flower and prime."

                    Comment


                    • #11
                      Re: Interstate 81 Lawsuit

                      Originally posted by Wild Rover View Post
                      This country is at anytime 72 hours away from famine. That is how much food the supermarkets stock- 72 hours worth. After that the people start eating, well, ??? Without trucks running 24/7 over our highways to deliver such famine begins, and I don't even want to think about the class war that will create.
                      FAMINE? I've got more that 72 hours worth of food in my house right now. What is your source for this information?????

                      And the boost it will give to the local ecomomies will be well worth losing another couple of lanes worth of ground.
                      What economic impact would this expansion bringto the area? Specifically.

                      I hate to see battlefields become asphalt, but if we are real smart, we can find a way that 81 is expanded to continue its support of America and Americans, while also doing so in the least intrusive manner possible, and increase battlefield awareness.
                      Maybe we can put historic information on blinking highway signs so everyone can enjoy the historic significance of the farmland they just zipped by at 80 MPH............
                      Mike "Dusty" Chapman

                      Member: CWT, CVBT, NTHP, MOC, KBA, Stonewall Jackson House, Mosby Heritage Foundation

                      "I would have posted this on the preservation folder, but nobody reads that!" - Christopher Daley

                      The AC was not started with the beginner in mind. - Jim Kindred

                      Comment


                      • #12
                        Re: Interstate 81 Lawsuit

                        Originally posted by HistoryGeek View Post
                        The lawsuit says irreversible damage is sure to result: "VDOT's plan for Interstate-81 would destroy 7,400 acres of developed land; 1,062 acresof prime farmland; between 1,600 and 2,400 residences; 662 buisnesses; 1,238 acres of Civil War battlefields; 33 acres of wetlands; 361 acres of floodplains; 23 miles of streams; and 13 threatened and endangered species." - Daily News Record Harrisonburg, VA Monday, February 25 2008.


                        History Geek
                        Evan Hunsberger
                        Just out of curiosity, unless I misread, what area of I-81 would be effected? Which 1,238 acres of CW battlefields would be effected?
                        Thanks!
                        Micah Trent
                        Tar Water Mess/Mess No. 1
                        Friends of Perryville Battlefield State Historic Site

                        Comment


                        • #13
                          Re: Interstate 81 Lawsuit

                          Micah,

                          I suspect that it is derived from those battlefields that border I-81, and would therefore be affected its expansion:

                          First Winchester
                          Second Winchester
                          First Kernstown
                          Second Kernstown
                          Cedar Creek
                          Fisher's Hill
                          Tom's Brook
                          New Market

                          I concur with Dusty. The idea that expansion of the interstate would bring prosperity is probably a bit overstated. I-81 already exists, and those businesses and industries that benefit from it are already there. The addition of lanes will likley bring little to no more economic growth.

                          I once heard a federal transportation engineer explain how we handle traffic congestion. He compared it to a person with a weight problem handling that problem by loosening his belt. It doesn't solve the problem, it only provides more room for the problem to increase. Likewise, adding additional lanes rarely solves traffic congestion, they simply provide additional room for it to expand.

                          Eric
                          Eric J. Mink
                          Co. A, 4th Va Inf
                          Stonewall Brigade

                          Help Preserve the Slaughter Pen Farm - Fredericksburg, Va.

                          Comment


                          • #14
                            Re: Interstate 81 Lawsuit

                            Thanks Eric!

                            I knew the locations of Winchester and New Market, but was not sure if they would be effected. I wasn't aware of the other locations.
                            I too agree with you and Dusty. I don't see how adding extra lanes would help benefit economic growth.
                            Micah Trent
                            Tar Water Mess/Mess No. 1
                            Friends of Perryville Battlefield State Historic Site

                            Comment


                            • #15
                              Re: Interstate 81 Lawsuit

                              Defendants request dismissal in I-81 lawsuit

                              By Erica M. Bush

                              The Winchester Star [Winchester, Va.]
                              March 5, 2008

                              Winchester — Three federal defendants named in a civil lawsuit filed by nine organizations that are trying to prevent the widening of Interstate 81 are asking for the plaintiffs’ complaint to be dismissed.

                              In his response to an amended complaint filed in U.S. District Court last week, U.S. Attorney John L. Brownlee denies that the plaintiffs are entitled to any of the relief they are requesting, and asks that the complaint "be dismissed with prejudice, and that the federal defendants be awarded such other relief as may be appropriate."

                              Federal Highway Administration Administrator J. Richard Capka, U.S. Department of Transportation Secretary Mary Peters, and Federal Highway Administration Virginia Division Administrator Roberto Fonseca-Marti are named as the defendants in the lawsuit, which opposes the expansion of I-81 in Virginia.

                              "The complaint fails to state a claim, Brownlee states in his response filed on Feb. 27 in the U.S. District Court for the Western District of Virginia in Charlottesville.

                              "The complaint fails to join an indispensable party, namely, the Secretary of the Virginia Department of Transportation, who, in his official capacity, plays an integral role in the challenged processes, and which will ultimately construct the implemented project."

                              Larry Allamong of Fishers Hill, along with the Shenandoah Valley Network and the Coalition for Smarter Growth, filed the original suit to block the proposed expansion on Dec. 17 in U.S. District Court.

                              The Rockbridge Area Conservation Council, Virginia Organizing Project, Scenic Virginia Inc., Valley Conservation Council, Sierra Club, National Trust for Historic Preservation in the U.S., and APVA Preservation Virginia have since joined the list of challengers to the interstate project.

                              The suit aims to block the Virginia Department of Transportation and the Federal Highway Administration from implementing plans that would see much of I-81’s 325 miles in Virginia widened to eight lanes.

                              In their lawsuit, the plaintiffs state that under VDOT’s maximum widening scenario, the expansion could affect up to 7,400 acres of developed land, 1,062 acres of farmland, 1,600 to 2,400 residences, and up to 1,238 acres of Civil War battlefields.

                              According to the VDOT plan, widening in Frederick County would include two lanes northbound and two lanes southbound from Exit 300 (Interstate 66) to Exit 310 (Kernstown); one lane northbound and one lane southbound from Exit 310 to Exit 313 (Winchester); and two lanes northbound and two lanes southbound from Exit 313 to mile marker 325 at the West Virginia state line.

                              Funding for the project, estimated to cost in excess of $11 billion, would be obtained through tolls on motorists, Meghan Gallagher of the Shenandoah Valley Network has previously said.

                              She said the lawsuit challenges the adequacy of the state’s environmental studies for the massive project, and focuses on its failure to include an expansion of rail services as one option to reduce truck traffic on the 325 miles of I-81 in Virginia.

                              Allamong, who owns 32 acres along the west side of I-81, including a portion of the Fishers Hill Civil War battlefield, "stands to lose his property under the plan," according to a press release issued by the plaintiffs.

                              The federal defendants, in their response to the complaint filed by Brownlee last week, deny the challengers’ allegations that the interstate expansion would have significant and irreversible adverse effects on natural, scenic, historic, and ecological resources and communities.

                              "The federal defendants deny the allegations ... except to admit that the I-81 corridor traverses portions of the Shenandoah Valley Battlefields National Historic District," Brownlee states in his response.

                              But the defendants do admit in the court document filed on Feb. 27 that the Virginia General Assembly passed legislation in 2006 that "set an objective of maximizing diversion potential to rail and minimizing future Route 81 highway capacity construction needs."




                              Eric
                              Eric J. Mink
                              Co. A, 4th Va Inf
                              Stonewall Brigade

                              Help Preserve the Slaughter Pen Farm - Fredericksburg, Va.

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