H.C.R. 201

1

RESOLUTION APPROVING LEGACY PARKWAY
2 SETTLEMENT AGREEMENT
3 2005 SECOND SPECIAL SESSION
4 STATE OF UTAH
5 Sponsor: J. Stuart Adams
6
7 LONG TITLE
8 General Description:
9 This concurrent resolution of the Legislature and the Governor gives approval of the
10 Utah Department of Transportation's execution of a settlement agreement to resolve all
11 pending litigation and potential future claims of the plaintiffs and allow for the
12 construction of the Legacy Parkway.
13 Highlighted Provisions:
14 This resolution:
15 . gives approval of the Utah Department of Transportation's execution of a settlement
16 agreement with the Plaintiffs in Utahns for Better Transportation et al. v. U.S. Dep't
17 of Transportation et al., Consolidated Nos. CIV. 1:01-cv-00075; CIV.
18 1:01-cv-00145 (United States District Court for the District of Utah) and with other
19 entities that have threatened to bring litigation against the State to resolve all
20 pending litigation and potential future claims of the plaintiffs and allow for the
21 construction of the Legacy Parkway.
22 Special Clauses:
23 None
24
25 Be it resolved by the Legislature of the state of Utah, the Governor concurring therein:
26 WHEREAS, on or about January 17, 2001, Utahns for Better Transportation, Mayor
27 Ross C. "Rocky" Anderson, in his official capacity as Mayor of Salt Lake City, the Sierra Club,

28 and Paul and Rosemarie Hunter (Plaintiffs) sued the United States Department of
29 Transportation and other federal agencies alleging that they had wrongfully issued permits to
30 the Utah Department of Transportation (UDOT) that would have allowed construction of the
31 Legacy Parkway;
32 WHEREAS, on September 16, 2002, the United States Court of Appeals for the 10th
33 Circuit issued an opinion concluding that the federal defendants had failed to comply with
34 certain federal environmental laws before issuing the permits, and, consequently, requiring
35 additional environmental analyses;
36 WHEREAS, the Court of Appeals also prohibited construction of the Legacy Parkway
37 pending completion of the new analyses and issuance of new federal permits;
38 WHEREAS, since issuance of the 2002 court opinion, the federal agencies have
39 prepared a Supplemental Environmental Impact Statement as required by the Court of Appeals
40 and have complied with federal environmental laws regarding highway construction projects;
41 WHEREAS, the Plaintiffs and other entities have submitted comments alleging that the
42 Supplemental Environmental Impact Statement fails to comply with federal law and with the
43 remand from the Court of Appeals and have threatened to challenge the federal agencies on any
44 decisions concerning the Legacy Parkway;
45 WHEREAS, UDOT has met with representatives for the plaintiffs and other entities
46 over the past several months to reach a final accord that would allow for construction of the
47 Legacy Parkway and termination of all litigation, pending or threatened;
48 WHEREAS, UDOT and the Plaintiffs and other entities have negotiated a proposed
49 Settlement Agreement;
50 WHEREAS, the proposed Settlement Agreement would require expenditure of more
51 than $1 million;
52 WHEREAS, State Settlement Agreements, Title 63, Chapter 38b, Utah Code
53 Annotated, requires legislative and gubernatorial approval of settlement agreements requiring
54 the expenditure of more than $1 million;
55 WHEREAS, the Governor approved the Settlement Agreement on November 1, 2005;
56 WHEREAS, on November 8, 2005, the Legislative Management Committee met and
57 heard testimony from the executive director of UDOT, John Njord, and others; and
58 WHEREAS, the Legislative Management Committee recommended that the Legislature

59 consider the proposed Settlement Agreement in the special session called for November 9,
60 2005:
61 NOW, THEREFORE, BE IT RESOLVED by the Legislature, the Governor concurring
62 therein, that the Legislature and the Governor approve UDOT executing a Settlement
63 Agreement with Plaintiffs that contains the terms and conditions set forth in the Settlement
64 Agreement dated October 31, 2005.
65 BE IT FURTHER RESOLVED by the Legislature, the Governor concurring therein,
66 that approval from the Legislature and the Governor is required if UDOT and the Plaintiffs and
67 other entities amend or modify the Settlement Agreement in a material respect or if changed
68 circumstances would require a material amendment or modification of the Settlement
69 Agreement.




Legislative Review Note
as of 11-1-05 11:58 AM

Based on a limited legal review, this legislation has not been determined to have a high
probability of being held unconstitutional.

Office of Legislative Research and General Counsel