INDOT in line to resume study on Illiana toll road project

In a court filing April 25, INDOT has agreed to fund the technical work needed to comply with the court's order in Openlands Et al. v. U.S. Department of Transportation et al., which last year found the study was flawed despite Illinois' inability to move forward due to lack of funding.

State Sen. Rick Niemeyer, R-6th, said he has been reaching out to INDOT for the past several months in an effort to get an official statement on where Indiana stands on the highway project -- whether it go forward, wait until Illinois has funding or scrap the effort – but has gotten no response.

"We know Illinois is on hold. I don't understand why Indiana is not coming out with a statement on this for Indiana residents," Neimeyer said. "I'm frustrated I haven't got the answers back."

The lack of communication has been an ongoing issue regarding the project, Niemeyer said, adding local residents are left to learn about the status from Illinois officials or in the media. News of the court motion was no different.

"I was unaware," he said.

Since the motion was filed, Niemeyer said he now has been in touch with INDOT officials who say too much money has been invested so far in the project to not at least try to address the issues raised in the lawsuit. The two states were directed by the court to either fix the problems with the study or to scrap the project.

"What they are telling me is a very large amount of money has been spent on both sides," Niemeyer said. INDOT is preserving its investment by trying to remedy the lawsuit.

INDOT has decided to move forward to correct the study because the cost is not expected to be great.

Will Wingfield, INDOT spokesman, said only the portions of the environmental documents identified in the District Court's recent opinion as needing additional work will be addressed. INDOT currently estimates that work will take three or more months and cost less than $150,000 to complete.

"Indiana and Illinois continue to take actions necessary to protect the investments both states have made," and to keep the project's hold status, Winfield said via email. Neither state has said it was walking away from the project.

Wingfield said via email Friday INDOT is working with the project's legal and technical consultants to develop a scope of work that only addresses the portions of the environmental documents the district court identified as needing additional work.

INDOT will be able to offer more details after the project is finalized. The scope of work will be available before the actual work begins, he said.

Allen Grosboll, co-director of legislative affairs for the Environmental Law and Policy Center, which filed the suit on behalf of several environmental groups, said the district court found the initial study to be severely wrong because everything was based on population numbers and future growth-of-the-region numbers that were not correct.

The study made assumptions about growth in the region that is entirely inconsistent with growth projections by other entities that look at those figures, Grosboll said. While INDOT has agreed to pay to fix the study, nobody knows what that fix will look like or if the fix will clear the way for a second study to proceed, he said.

"It is our position at the ELPC that this is a boondoggle project. The project should be halted and taxpayer money should be saved. What we should not be doing is continuing this project and dragging this on. It is a wasteful project not justified by the numbers in the region. It is simply a waste of money to continue," Grosboll said.

Wingfield said Indiana remains committed to the project and is ready to proceed once Illinois makes a decision regarding its portion of the highway.

Lake County Councilman Eldon Strong, R-Crown Point, said he, like Niemeyer, was disappointed by the lack of communication. Strong learned of INDOT's plans Thursday afternoon.

"I thought this thing was all put to sleep until it was resolved in Illinois. Something has resurfaced here and I'm just learning about it," Strong said.

Patricia Mussman of West Creek Township, who has been leading Indiana resident opposition to the project said she does not understand why Gov. Mike Pence and INDOT are pursuing something that is so unfavorable and unnecessary.

"I think it is ludicrous they are continuing to pursue this…So many people oppose it with good reason," Mussman said.

Taxpayers do not want to pay for another environmental study, she said, adding she does not believe they have a cheap fix to take care of the problems outlined in the lawsuit.

"Why is Indiana continuing to spend money on the project," she asked.