Traffic enters and exits the eastern end of the South Lawrence Trafficway near what is approximately 35th and Iowa Street. A federal judge upheld the Federal Highway Administration’s decision to align the South Lawrence Trafficway along 32nd Street and not south of the Baker Wetlands.

A judge has upheld the Federal Highway Administration’s decision to align the South Lawrence Trafficway along 32nd Street, as opposed to a route that would take the road south of the Baker Wetlands.

On Friday, U.S. District Judge Kathryn Vratil issued a 59-page decision that affirmed the process the Federal Highway Administration used to select the route. However, she noted that her ruling came with “misgivings.”

More than two years ago, seven groups that opposed the South Lawrence Trafficway filed a lawsuit in U.S. District Court in an attempt to save the 60 acres of wetlands that the trafficway would destroy.

The new four-lane highway would extend the existing South Lawrence Trafficway from U.S. Highway 59 seven miles east to Kansas Highway 10. The route selected by the Federal Highway Administration would run through the northern part of the Baker Wetlands. As part of the project, the Kansas Department of Transportation has agreed to build 300 acres of new wetlands.

Funding for the $188 million project isn’t expected to come until at least 2013. But KDOT sees the judge’s ruling as a positive.

“We are obviously happy,” KDOT Chief Counsel Vicky Johnson said. “It clears the way for construction of the project.”

Bob Eye, who represents the opponents of the trafficway, expects his clients to appeal the ruling. That would send the case to the U.S. 10th Circuit Court of Appeals in Denver. The opponents have 60 days to appeal.

“It is not over,” Eye said.

Plaintiffs on the lawsuit include the Prairie Band Pottawatomie Nation, Sierra Club, Wetlands Preservation Organization, Jayhawk Audubon Society, Save the Wakarusa Wetlands and Kansas University’s Environs and EcoJustice groups.

In her decision, Vratil noted the court was not to decide if the 32nd Street alignment was the right decision or a better alternative.

“Its role is simply to determine whether the (Federal Highway Administration) made a reasonable judgment after a hard look at the facts,” the decision reads.

Vratil said the Federal Highway Administration “properly considered” the impacts of traffic and safety, flooding and increased development as well as the effect the alignment would have on Haskell Farm.

Eye pointed to two rulings in which the judge determined the Federal Highway Administration had made errors in its decision.

Vratil ruled that the Federal Highway Administration incorrectly estimated the 32nd Street alignment would cost less than a route that would run farther south and align with what is known as 42nd Street. Several big ticket items missing from the calculation included the 300 acres of new wetlands, moving 31st Street, building the Wetland and Cultural Center and constructing hiking and bike trails.

The court also noted that the Federal Highway Administration’s noise study didn’t follow federal requirements because it didn’t compare existing noise levels or predicted future levels.

Even with these factors, Vratil said she didn’t have grounds for reversal.

“The cumulative weight of the factors is enough to support the (Federal Highway Administration’s) decision,” the ruling reads.

But Eye said those errors should have the public asking questions.

“We need to have confidence in these processes that yield such profound decisions. And the court’s misgivings about the (environmental impact study) do not inspire confidence,” Eye said.

Even if the opponents appeal the court’s decision, KDOT could begin construction of the road, unless a judge ordered an injunction.

KDOT continues to work on the preliminary design for the South Lawrence Trafficway and on acquiring small pieces of right of way.