If constructed, the highway would drive out local equestrian businesses and bisect the largest remnant oak woodland-prairie left in Washington, say members of the coalition. The controversial highway proposal is currently being considered as part of Regional Transit Investment District (RTID) package that will be brought to the voters next fall.  But a new lawsuit and ballooning costs cast doubt on whether the project will survive the process.

The Washington Department of Transportation puts the current price tag for the highway at $289 million in 2006 dollars. Yet only a fraction of these funds have been raised, requiring taxpayers to foot an additional $250 million to see the project through. Plaintiffs expect these costs to multiply due to the high costs associated with building a highway through a highly endangered ecosystem, coupled with rising construction costs and commodity prices.

The US Fish and Wildlife Service believes that the remaining South Puget Sound prairies may be possibly the rarest habitat in North America, home to at least 29 species of federal and/or state threatened, endangered, candidate and sensitive plant and animal species of concern, 18 of which are in the immediate vicinity of the proposed highway.

"RTID's worthy transit projects are much more likely to gain approval if they remain separate from this controversial highway project",  said Krystal Kyer of Tahoma Audubon, a member of the coalition going to court.  "The county proposes replacing our rare and priceless oak-woodland prairie with a few hundred acres of cow pastures", Kyer added.  "This largest remaining piece of oak-woodland prairie is irreplaceable." 

"The State clearly has higher priority transportation needs, such as maintaining existing roads and bridges. This project is the only new road in the RTID package, and ignores a critical environmental issue." said Jennifer Hansen of The American Lake Gardens Equestrian Alliance, also a plaintiff in the suit.  "The responsible agencies did not adequately consider other reasonable alternatives to paving a new freeway across this very special place."

The American Lake Gardens Equestrian Alliance is comprised of businesses and residences from American Lake Gardens Tract, an environmental justice community and home to Tacoma's oldest and largest equestrian community. Six barns provide stabling for over 200 horses and over 350 residents enjoy horseback riding at these facilities. The businesses also provide recreation and employment for the disadvantaged youth, 4-H and pony clubs of the area as well as providing handicapped and therapeutic riding programs which are not available anywhere else in the area.

The equestrian facilities will be forced to close down business upon the start of construction of the highway. Also threatened with closure is the Woodbrook Hunt Club, an equestrian riding club on the National Historic Register that has been in existence since 1924.

The lawsuit was filed by Bricklin, Newman, Dold, LLP on behalf of the Woodbrook Hunt Club, Conservation Northwest, the Tahoma Audubon Society, and The American Lake Gardens Equestrian Alliance. In addition to this new lawsuit, another suit seeking federal protection for endangered wildlife threatened by extinction by the proposed highway is currently being considered in federal court. The outcome of either of these lawsuits could potentially send the highway project back to the drawing board.

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