9th U.S. Circuit Court of Appeals decision allows South Mountain Freeway work to continue

Updated Jan 22, 2017

The 9th U.S. Circuit Court of Appeals has rejected the Gila River Indian Community’s motion for an injunction pending appeal to stop the Loop 202 South Mountain Freeway.

South Mountain Selected Alternatives Map2Work can now proceed on the South Mountain Freeway “while an appeal by freeway opponents is pending before the 9th Circuit in San Francisco,” says the Arizona Department of Transportation (ADOT). This is the fifth time a court has rejected attempts to stop the project.

“The Arizona Department of Transportation and its partners are moving forward with construction of a freeway that will improve the quality of life in this region, connecting people with employment centers and providing a much-needed alternative to a strained Interstate 10 through downtown Phoenix,” ADOT Director John Halikowski says.

The U.S. District Court in Phoenix denied a motion for an injunction in October, which was preceded by the court’s decision in August “granting the motions for summary judgment by the Federal Highway Administration and ADOT, concluding that the agencies complied with federal law in moving forward with the project.”