Sierra Club Files Legal Comments Regarding Flawed TXDOT Environmental Assessment of Transmountain Freeway Project

EL PASO, TEXAS, APRIL 12, 2011 – The Austin law firm of Loweree, Frederick, Perales, Allmon & Rockwell submitted comments on behalf of the El Paso Regional Group (Rio Grande Chapter) of the Sierra Club on April 1, 2011, to TxDOT regarding TxDOT’s recently submitted Environmental Assessment (EA) of the proposed Transmountain Freeway Project. The law firm noted that the EA failed to adequately analyze the noise, visual, vegetation, wildlife, and cumulative urbanization-inducing impacts of the proposed Project.

See the story in the El Paso Times

The EA also did not take a “hard look” at the impacts to Franklin Mountain State Park which “Section 4(f)” of the National Environmental Policy Act (NEPA) regarding “parkland” requires. These failings, viewed individually or, especially, in sum, result in an EA that cannot justify the “will not impact” conclusion the TxDOT EA reaches and cannot be accepted because it is unsupported. A full Environmental Impact Statement (EIS) must be prepared.

The law firm comments were prepared in collaboration with David Simon, who served as the Director of the New Mexico State Park System from 2003 through 2010 and is a recognized authority on the impacts of urbanization on high-desert terrains and, especially, on parks in those terrains. A copy of the complete response to the EA prepared by Loweree, Frederick, Perales Allmon & Rockwell can be obtained by contacting David Frederick whose contact information is provided below.

Contact Information:

David Frederick David Simon
Loweree, Frederick, Perales, Eco-Think Consulting
Allmon & Rockwell (505) 280-2319
(512) 469-6000 dsimonabq@gmail.com
dof@lf-lawfirm.com

El Paso Regional Group (Rio Grande Chapter) of the Sierra Club
Laurence Gibson,
Chair
(915) 309-5419

The full comments are available in the attached file.