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What is unnatural is a road being built through a neighborhood when it's
not needed, has
other reasonable and prudent alternatives that can accomplish the same
goals, and has
been shown in court to have violated state and federal environmental
law.  In 1983-1984,
the federal government had given up on the project, and was about to
pull the funding
when the State's determination to build the road made the State realize
it either had to
make some concessions or forego construction.

Eventually, the federal court approved an Environmental Impact Statement
that contained
mitigation measures that included the 45 mph speed limit, the parkway
design, a four-
lane limitation, the truck restriction, the preservation of the JJHill
House and several
other historic buildings.  The State explicitly agreed to those
measures, the court
approved that settlement, and included it in its orders.  If the State
decided to raise the
speed limit, demolish that church at the bottom of the hill, or add more
lanes it would be
violating NEPA, a court order, and its own voluntary settlement
agreement.  More
importantly, it would be inviting years of litigation on each and every
environmentally
sensitive project in the state, because no environmental stakeholder
(including project
proponents) would ever be able to trust that the mitigation measures
wouldn't be reneged
upon later on.  There may be a sacred cow here, but it's because the 
State made it so by insisting on building it at any cost. 

And remember, opening this can of worms works both ways.  A central part
of the
argument to build the road was the State's position that there were no
feasible and
prudent alternatives for zooming cars between the airport and downtown
St. Paul because
neither Shepard Road or the Lafayette Freeway could ever be expanded to
four lanes.
Time has shown that reasoning to have been false, so a strong case can
be made that 35E
needs to be downgraded.  A good long look at air quality in the West 7th
area will most
certainly show that the cumulative effects of a few major pollution
sites ought to be considered.

And yes, the roll call vote from yesterday's attempted amendment shows
that the Dakota
County legislators who simply cannot lose 51 seconds on 35E also voted
to continue
subsidizing the Gopher State Ethanol plant: Wilkin, Gerlach, Wardlow and
Holberg.


Diane Gerth
I really live in the West End

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