Opponents shift their legal challenge to federal court, asking a judge to halt work on the East-West Connector while the Oklahoma Turnpike Authority says required environmental reviews have been completed.
OKLAHOMA CITY — Opponents of Oklahoma’s ACCESS Oklahoma turnpike expansion have shifted their long-running legal battle to federal court, alleging the Oklahoma Turnpike Authority and several federal agencies failed to follow federal environmental laws before construction of the East-West Connector, also known as the Toby Keith Expressway, began.
Pike Off OTA filed the lawsuit June 23 in the U.S. District Court for the Western District of Oklahoma against the Oklahoma Turnpike Authority, the Federal Highway Administration, the U.S. Army Corps of Engineers, the U.S. Fish and Wildlife Service and the Department of the Interior’s Bureau of Reclamation. The lawsuit asks a federal judge to halt construction and prevent additional bond financing until the plaintiffs contend required environmental reviews, permits and agency consultations have been completed.
The case opens a new chapter in years of litigation over the ACCESS Oklahoma expansion by focusing on the federal permitting process rather than the state-law issues that have dominated earlier lawsuits. Plaintiffs allege the 28-mile East-West Connector threatens the Canadian River, Lake Thunderbird and habitat for federally protected species if construction continues without the environmental reviews they argue federal law requires.
The East-West Connector is a key component of the Oklahoma Turnpike Authority’s ACCESS Oklahoma expansion program. The planned route would connect Interstate 44 near Newcastle with Interstate 35 before continuing northeast to Interstate 40 and the Kickapoo Turnpike in eastern Oklahoma County. The broader ACCESS Oklahoma program is expected to cost more than $8 billion.
The Oklahoma Turnpike Authority disputes the allegations.
Agency spokeswoman Lisa Shearer-Salim said the required environmental reviews have been completed and denied the authority violated federal requirements. She said the South Canadian River bridge project underwent extensive review with federal agencies and was designed to avoid disturbing the riverbed by remaining outside the Ordinary High Water Mark, the regulatory boundary used for many water-related protections. The authority also said environmental consultants are monitoring construction activities.
According to OTA, construction of the South Canadian River bridge portion of the project is about 30% complete, while portions of the route near Lake Thunderbird remain in the design and review process.
Federal agencies named in the lawsuit either declined to comment because of the pending litigation or did not respond to media requests, according to published reports.
The lawsuit follows several years of litigation over the ACCESS Oklahoma expansion, including challenges to the Turnpike Authority’s statutory authority, funding decisions and compliance with Oklahoma’s Open Meeting Act. Unlike those earlier cases, the new lawsuit asks a federal judge to determine whether the project’s environmental approvals complied with federal law.
The federal court has not yet ruled on the plaintiffs’ request to halt construction while the case proceeds.
