North Carolina appeals court upholds Outer Banks bridge plan

A federal appeals courtroom upheld on Thursday the choice by state and U.S. transportation officers to construct a toll bridge connecting North Carolina’s mainland and the northern Outer Banks.

A 3-judge panel of the 4th U.S. Circuit Court docket of Appeals in Richmond, Virginia, agreed with a 2021 trial courtroom ruling that sided with the state Transportation Division, the Federal Freeway Administration and company officers in search of to assemble the Mid-Currituck Bridge.

The proposed 7-mile, $500 million undertaking features a 4.7-mile toll bridge crossing the Currituck Sound between Aydlett and Corolla. Proponents say it could profit Outer Banks residents and vacationers, notably throughout hurricane evacuation. It additionally would ease site visitors on the solely different sound crossing — the Wright Memorial Bridge linking Kitty Hawk and Level Harbor.

Residents’ advocacy and wildlife teams represented by the Southern Environmental Regulation Heart sued in 2019. They argued the companies did not comply with the foundations in making its choice, particularly with the required environmental evaluation.

Writing the unanimous opinion, Circuit Decide Albert Diaz agreed with the choice by U.S. District Decide Louise Flanagan. Diaz wrote the companies did not must file a supplemental environmental impression assertion to the one initially accomplished in 2012 after undertaking funding delays. As an alternative, a press release reevaluation by the companies discovered no vital points.

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The plaintiffs argued that sea-level rise and decrease site visitors forecasts for the bridge partly warranted one other deep examination. How the companies examined a “no-build” various to developing the bridge additionally did not violate federal regulation, Diaz wrote.

The Southern Environmental Regulation Heart diminished Thursday’s ruling, saying the 2012 assertion is so outdated that federal rules require further scrutiny. The group mentioned the undertaking value, which it tagged at $602 million, stays unfunded and the undertaking lacks a number of different permits.

“North Carolina has many unmet transportation wants alongside its coast, however the Mid-Currituck Bridge just isn’t certainly one of them.” mentioned Kym Meyer, a Southern Environmental Regulation Heart lawyer who argued the case earlier than the panel in December. “We’ll proceed to work to make sure that North Carolina cash just isn’t wasted on this pricey, unwise undertaking.”

The state Transportation Division did not instantly present a remark Thursday on the ruling. A DOT webpage highlighting the undertaking lists the development begin and completion dates as but to be decided.

The undertaking can be paid for with tolls and different income bonds, state matching funds and federal loans, in accordance with the company.