ALDOT, MOBILE BAYKEEPER SETTLE HIGHWAY 98 CIVIL SUIT


MONTGOMERY, Alabama, October 16, 2009—Mobile Baykeeper and the Alabama Department of Transportation (ALDOT) have reached an agreement that settles claims in separate state and federal lawsuits filed regarding the relocation and construction of a portion of U.S. Highway 98. The agreement has been filed with the Mobile County Circuit Court and was approved by the Court on Friday.

The settlement resolves Baykeeper’s role as an intervenor in a state lawsuit filed by the Alabama Attorney General’s Office and a federal lawsuit filed by the Mobile Area Water and Sewer System (MAWSS). ALDOT signed a settlement agreement in May with the Attorney General’s office. The MAWSS lawsuit is now the only legal challenge remaining against the project. State transportation officials remain hopeful a settlement can be reached with MAWSS.

“We’re pleased to have resolved our legal issues with Mobile Baykeeper and the Attorney General’s office, and I appreciate Baykeeper and the Attorney General’s office for being fair and reasonable in our settlement efforts,” said Transportation Director Joe McInnes. “From the beginning, ALDOT took corrective actions and made design changes, and the lessons from this project will be carried into the remaining phases of Highway 98 construction. We’ve fully addressed our initial problems, now it’s time to continue our efforts to provide a safer Highway 98.”

Casi Callaway, Executive Director and Baykeeper for Mobile Baykeeper, said that: “All of us wish the lawsuits were unnecessary, but we are glad to have achieved a settlement that greatly improves the Highway 98 project in a variety of respects. We were able to agree to this settlement because our major objectives were achieved: 1) erosion problems associated with the construction have been addressed; 2) ALDOT has agreed to limit access to three points and agrees that we must limit access to the highway to prevent increased development which would harm Mobile’s drinking water source; 3) ALDOT has agreed to extend the bridge across the Big Creek headwaters from 300 feet to 1,700 feet to allow flow of the creek and wetland waters; 4) storm water and hazardous material containment has been significantly improved; 5) mitigation will be focused within the watershed to the extent possible; and 6) these changes will be considered statewide to guard against future problems.”

Under the terms of the settlement, ALDOT also agrees to provide $50,000 to the Alabama Department of Conservation and Natural Resources for acquisition of additional land within the Escatawpa River watershed or to study possible improvements to Mobile’s Causeway.

Also in the settlement, ALDOT has implemented construction methods and/or design changes to address concerns about slope stability and high groundwater at certain locations on the project, including flattening slopes, installation of chimney drains, installation of a slope tie-back system and the extension of a bridge across Big Creek from 300 to 1,700 feet. The agreement also acknowledges that ALDOT has spent approximately $125,000 for sediment removal in or near a tributary to Scarbo Creek and will take additional remedial measures required by the Alabama Department of Environmental Management in the Escatawpa and Big Creek watersheds.

###