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River Fields Files Suit in Federal Court Against the U.S. Coast Guard

Citizens Group Repeats Bridge is Structurally Sound and Can Be Opened Immediately

Louisville, (May 28, 2009)—After repeatedly asking officials to open the Harrods Creek Bridge to traffic and to rehabilitate it in the fastest and safest manner, River Fields, a 50-year-old land and river conservation/preservation group, has filed a  second  law suit in federal court , this time against the U.S. Coast Guard (USCG).  The first one was against transportation agencies.

This is only the third time in a quarter century that River Fields has taken action in court.

The suit alleges that the USCG failed to comply with the National Environmental Policy Act (NEPA), and Section 106 of the National Historic Preservation Act prior to approving an application by Louisville Metro for a permit to widen the historic Harrods Creek Bridge. The suit says the Coast Guard unlawfully relied on outdated and inaccurate documents making unsubstantiated statements about the project’s impacts, including the statement that the project did not require a Coast Guard permit.

“Although the historic character of the bridge deserves protection, safety is also our primary concern,” said Dr. Hiram Polk, of the River Fields Board of Trustees. “The current one-lane bridge has a remarkable safety record because of its speed-dampening effect on what is already a very curvy road. The planned $2.3 million, more expensive government plan to widen the bridge would likely result in excessive speeds and more accidents.”

River Fields filed the suit only after hiring a nationally known expert to evaluate the bridge’s condition. Gary Klein, a structural engineer with the Chicago-based engineering firm of Wiss, Janney Elstner Associates Inc., declared the structure “robust.” He said the bridge can be re-opened by a repairing the damaged, steel guardrails until a more permanent rehabilitation process begins.

“The arches and spandrel walls remain generally sound,” said Klein. “Furthermore, arches are perhaps the most robust structural system known to man. Arches built more than two millennia ago still exist. Given their inherent strength and stability, there is no question that the arches of the Harrods Creek Bridge have sufficient capacity to carry truck loads up to the legal limit.”

Rather than asking taxpayers to spend $2.3 million on the widening, River Fields has advocated, for more than eight years, for a preservation option that it believes is less expensive and safer than the widening proposal. “This plan is simpler,” said Dr. Polk. “Reconstruct the existing railings and deck, repair concrete and add better signage. Our plan vastly improves traffic flow for commuters.”

Since the city abruptly closed the bridge on Thanksgiving Eve 2008, River Fields has repeatedly asked city government to make the necessary repairs and re-open the bridge, particularly for summer, when both boat and vehicular traffic will be at their peak.  Dr. Polk said area businesses, commuters and residents are unnecessarily suffering economic harm and inconvenience because of the city’s actions.

Neither Kentucky’s State Historic Preservation Engineer nor the U.S. Coast Guard has approved the construction staging plans for the Harrods Creek Bridge Project. The widening project cannot begin until these approvals have been given.

Lee Cory, another member of the River Fields Board of Trustees, said it is important for citizens groups like River Fields to hold government agencies responsible for obeying federal laws and thoroughly analyzing historic preservation options. The City of Louisville has one of the nation’s highest concentrations of historic sites, districts and landscapes.  The Ohio River Corridor is nationally known for its significant resources. “It is River Fields’ position that these must be protected for future generations,” she said.

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River Fields is the largest and oldest river conservancy along the 981-mile Ohio River.  For nearly 50 years, River Fields has utilized its resources to effectively protect, preserve and enhance the natural and cultural resources of the land and water around the Ohio River in our region.  Through careful management of the corridor's resources, River Fields strives to create harmony between nature, history and the people who live here.  River Fields owns land or holds conservation easements on 34 properties, totaling more than 2,200 acres, most of which is preserved forever. River Fields is one of the nation's few land trusts tackling regional advocacy work and land conservation.