And that amount may be on the rise.

Utah Department of Transportation officials said Thursday they expect the Sierra Club to file a second lawsuit to stop the construction of the controversial 14-mile, four-lane highway stretching from Farmington to Salt Lake City west of Interstate 15.

"I think there is a 75 percent chance of us getting sued on this project," UDOT Executive Director John Njord told the Legislature's transportation appropriations committee.

Njord estimated a second lawsuit would result in a two-year delay and cost an additional $75 million - these numbers would only hold true if UDOT prevailed in court. The money for Legacy, if it is ever built, will come solely from state tax dollars.

The inflated costs and the thought of more delays raised the blood pressure of some lawmakers who took their frustration out on the Sierra Club, which was one of the parties in the original lawsuit, which led a federal appeals court to require further environmental studies.

"This is financial terrorism against America," said Rep. David N. Cox, R-Lehi. "They are using environmental issues to make a direct attack against our country's financial stability."

The Sierra Club's Marc Heileson say UDOT and lawmakers are jumping the gun.

"Lawsuits are always the last resort," he said. "We are not even thinking about that at this time."

The Sierra Club and Utahns for Better Transportation are instead drafting their own proposal to ease congestion, which they have dubbed "the smart growth alternative." This proposal includes extending and expanding Redwood Road and the frontage lanes to create a new road that connects U.S. 89 in Farmington with I-215 in Salt Lake City.

Njord has yet to see the finished "smart growth" proposal and promised to fully analyze it when the Sierra Club hands it over. But with what he knows now, Njord insists Legacy Highway is the best way to meet Davis County's needs even if it does destroy more acres of wetlands near the Great Salt Lake.

The original bid to construct Legacy came in at $451 million back in 2001. But construction crews didn't get too far.

"Had we not been sued, that is the number that would have delivered this project that we should be driving on today," Njord told lawmakers.

The 10th Circuit Court of Appeals halted construction in November 2001 and ultimately sent the environmental impact study back for further study, saying it was deficient in five of 45 areas. The injunction cost UDOT $17 million in construction delays before it ultimately scrapped the construction contract.

The Federal Highway Administration and the U.S. Army Corps of Engineers, with UDOT assistance, have finished a draft of the new environmental study. The agencies expect to have approval to once again start construction this fall and, if everything goes smoothly, Legacy could be open for motorists by 2009.

With the elevated costs of concrete and steel, along with contractors wary of another potential Legacy lawsuit, UDOT expects the new bid to come in around $685 million.

Still, Njord said that is an optimistic outlook.

"[The Sierra Club] has made a statement with this project and I don't think they are going to back away from it," he said.

mcanham@sltrib.com

Legacy's legacy

Original bid in 2001: $451 million

Cost of court injunction: $17 million

Added cost if construction starts in 2005: $217 million

Estimated cost of new lawsuit*: $75 million

Total: $760 Million

*if UDOT wins lawsuit