9th Circuit stays start of Idaho bypass

A federal appeals court has temporarily halted the start of a controversial highway project that bypasses downtown Sandpoint.

The 9th U.S. Circuit Court of Appeals late Wednesday issued a temporary injunction against the Sand Creek Bypass project, which seeks to route cars and trucks on U.S. 95 away from the downtown core of this resort town.

"This is fabulous news," said Liz Sedler, director of the North Idaho Community Action Network.

The temporary injunction, sought by the group, will delay the start of construction until at least Aug. 25, when the appeals court will hear oral arguments on a full injunction.

The court's decision was made after the Idaho Transportation Department had already decided to delay this week's start of construction on the $98.4 million project.

The community group is appealing a federal judge's dismissal of a lawsuit against the Federal Highway Administration's approval of the project. That appeal is pending in the 9th Circuit. The injunction seeks to stay construction until a ruling is made on the appeal.

The community group contends the project violates the National Environmental Policy Act and other federal regulations.

The Idaho Transportation Department wants to build a bypass on the eastern bank of Sand Creek, adjacent to downtown Sandpoint, along the shore of Lake Pend Oreille. The proposal has been in the works since the 1950s.

Opponents contend that will turn the charming waterfront into a highway.

Sandpoint, 90 miles northeast of Spokane, is nestled on the north shore of 37-mile-long Lake Pend Oreille and is also home to the Schweitzer Mountain Ski area.

U.S. 95 is the main north-south highway in Idaho and is heavily used by trucks, tourists and local residents. The road cuts through the middle of Sandpoint, creating big traffic jams for much of the year through a series of 90-degree turns.

The 2.1-mile project would build a new bridge of U.S. 95 that would run straight across Sand Creek. It would follow railroad tracks along the east side of the creek to a point where it would reconnect with the existing U.S. 95/U.S. 2 highway just north of the existing bridge over Sand Creek.