On October 19, 2009, the Department of Law filed the State of Alaska Appellant’s Brief in the Ninth Circuit Court of Appeals regarding the Lynn Canal Highway. This is an appeal of District Court Judge John Sedwick’s decision invalidating the project’s environmental impact statement (EIS). Judge Sedwick ruled that the EIS was incomplete since current ferry infrastructure and services had not adequately been considered as a means to increase capacity.

The appellees have 30 days to file their response brief, which sets the due date on November 18, and the reply brief for the Department of Law due on December 2. Should the appellees file a motion for an extension they can be given an additional 14 – 30 days to file their response brief. If you get a chance to read the attached brief I am sure you will agree the Department of Law and Assistant Attorney General Sean Lynch did a great job outlining the States position.

The State of Alaska continues to voice their support through the inclusion of Juneau Access in the Statewide Transportation Plan.  The State recognizes the demands on the state ferry system and the importance of access to the capital for economic development, employment, and medical services.

Appellants Brief Final Filed.pdf (671.77 kb)