SENATE RESOLUTION NO. 16
(By Senators Helmick, Ross, Sharpe, Minard,
Minear, Schoonover, Love, Hunter and Anderson)
Requesting the Court of Appeals for the District of Columbia
Circuit dissolve a temporary injunction that has halted
completion of Corridor H connecting Elkins, West Virginia,
and other communities in the east central portion of the state to the Virginia border.
Whereas, A federal appellate court temporary injunction has
halted completion of a 5.48 mile section of the Appalachian
Highway System known as Corridor H; and
Whereas, To date, this injunction has impacted 100 West
Virginia jobs, with the potential loss of additional jobs
associated with the completion of this modern highway; and
Whereas, A delay in completion of this major highway affects
the economic vitality, commerce and communication that will be
created along the route; and
Whereas, With this injunction in place, the availability of
new businesses and services to the east central region of the
state due to the ease of traffic flow is further delayed; and
Whereas, The injunction stalls the economical and efficient
access to major population markets as close as one hundred fifty miles away, thereby hindering the potential boost in tourism in
the State of West Virginia; and
Whereas, A delay in completion of Corridor H interferes with
providing access to growth areas in the eastern United States
that have primary markets, centers of government and seaports;
and
Whereas, The injunction delays the accessibility of West
Virginia's timber and other natural resources to the vast
industrial capacity of the northeast; and
Whereas, The injunction delays safer traveling through
mountainous terrain, thereby increasing the number of accidents,
including fatal ones; and
Whereas, Scientific public-opinion surveys document that
state residents overwhelmingly support infrastructure projects
such as Corridor H and clearly support this missing link to the
Appalachian Highway System; and
Whereas, Federal dollars have been set aside to use for the
completion of the highway and state funds are readily available
to pay the state's share; and
Whereas, The Federal Highway Administration and the Division
of Highways have given careful consideration to the natural,
cultural and historical assets of the area traversed by Corridor
H; and
Whereas, Environmental studies and legal challenges document that construction of the highway, while avoiding, preserving or
providing adequate mitigation measures to affected resources, is
easily achievable; therefore, be it
Resolved by the Senate:
That the Senate hereby requests the Court of Appeals for the
District of Columbia to lift the federal injunction halting
completion of Corridor H connecting Elkins, West Virginia, to the
Virginia border; and, be it
Further Resolved, That the Clerk is hereby directed to
forward a copy of this resolution to the Honorable Robert C.
Byrd, the Honorable John D. Rockefeller IV and the Clerk of the
Court of Appeals for the District of Columbia.