However, other elements of the ruling may continue to delay the project.
NCDOT awarded a US$215.8m contract to PCL Civil Constructors in August 2011 for the design and construction of a new bridge. Design work began immediately, and construction of the new bridge was originally set to begin in early 2013.
In September last year, Judge Louise Flanagan issued an order denying claims that NCDOT violated federal law when selected a parallel bridge as the least environmentally harmful alternative and this ruling has been upheld n this week's decision.
“The citizens and visitors of North Carolina appreciate the Fourth Circuit’s thorough opinion that affirms the district court’s summary judgment upholding NCDOT’s NEPA permit,” said NCDOT secretary Tony Tata. “As we review and determine the best way to proceed on other elements of the ruling, which may further delay the project, we are encouraged that our state is one step closer to replacing the Bonner Bridge,”.
In essence, the Fourth Circuit said the environmental studies and Record of Decision are complete and valid. The ruling also asked for further review of requirements that refer to federal regulations concerning transportation projects in a wildlife refuge.