Update: Save Our Canyons' Lawsuit Against UDOT Over the Proposed Gondola
Save Our Canyons has entered the next phase in its lawsuit with the Utah Department of Transportation (UDOT) over construction of a gondola in Little Cottonwood Canyon (LCC). Before embarking on a project of this magnitude, UDOT is required to conduct a thorough environmental review. Instead, UDOT overlooked important environmental impacts, conducted a flawed analysis of project alternatives and conveniently reached an outcome that only benefits ski resorts and politically connected developers.
Background of the Lawsuit
In late 2023, SOC filed a lawsuit against UDOT challenging the Environmental Impact Statement (EIS) that it prepared to support its decision to move forward with the gondola project in LCC. Our primary concerns center around UDOT’s process for identifying and evaluating the alternatives it would analyze to address the transportation problems of the canyon. SOC believes that this process put a heavy thumb on the scale in favor of the gondola, and our lawsuit claims that UDOT’s effort to look at alternatives was both inadequate and defective, failing to adequately address several key issues vital to the long-term health of the canyon's ecosystem.
LCC is a unique and sensitive area, home to diverse wildlife, and providing invaluable opportunities for outdoor recreation. UDOT's decision to prioritize the gondola would increase congestion, disregarding the canyon's ecological significance and the concerns of many thousands of community members who have voiced opposition throughout the EIS process.
Key Allegations In The Lawsuit
- Inadequate Environmental Review: We contend that UDOT's EIS did not comprehensively evaluate the environmental consequences of the gondola. This includes foreseeable impacts on recreation and visitor use, as well as the adjacent Wilderness areas. Moreover, the EIS failed to account for the cumulative effects of increased traffic and tourism on the canyon's fragile environment.
- Ignoring Viable Alternatives: UDOT's decision-making process overlooked more sustainable and less intrusive alternatives to the gondola. Options such as improving existing transportation infrastructure, implementing shuttle systems, or enhancing public transit were not given sufficient consideration. These alternatives could effectively address transportation challenges while minimizing environmental harm.
- Gondola arbitrarily adopted after being rejected: At first, UDOT wisely rejected alternatives that included large parking structures, including one for a gondola, right where it now wants to put the gondola and its parking structure. And for good reason—this is already an area that UDOT itself identified as the “main bottleneck” contributing to traffic jams, so it made no sense to add to the problem with vehicles turning and merging to get in and out of the gondola base facility. But, shortly after politically connected businessmen who stood to financially benefit asked UDOT to change its mind, UDOT reversed itself and put the gondola on the short list of alternatives it would consider.
Administrative Record Review
A significant development in our case is the forthcoming receipt of the administrative record from UDOT, expected in September, 2024. This administrative record contains all documents, communications, and materials generated by UDOT during its decision-making process for the gondola project. Because our case is built solely on this record, rather than the witness and exhibits involved in a more typical trial, the receipt of this voluminous set of documents will begin a careful review process by our attorneys.
We are confident that a meticulous examination of these documents will strengthen our case. Our ultimate goal is to ensure that UDOT reconsiders its decision, taking into account more sustainable alternatives that align with the long-term preservation of the canyon's natural beauty. Thank you for your ongoing support of our litigation, and stay tuned, online and in upcoming newsletters, for updates and opportunities to take action to keep LCC gondola free.
