UDOT had started negotiations in January with the Sierra Club and others to try to settle litigation over the disputed 14-mile highway in Davis County and by June had reached a tentative agreement.

But at the same time, e-mails obtained by The Salt Lake Tribune through an open records request show that UDOT officials had tapped their Washington lobbyist to help add a provision in the recently passed transportation bill to block further litigation over environmental studies. The provision did not make it into the bill in a last-minute push by Sen. Orrin Hatch in July, mainly because of opposition by Vermont Sen. Jim Jeffords, a former Republican-turned- independent.

The UDOT lobbyist even wrote talking points for Hatch, R-Utah.

"Matt in Senator Hatch's office has requested help in writing some support language for the Legacy request," UDOT lobbyist John Hassell wrote July 14 to Linda Hull, UDOT's director of government affairs, and a man named John, who could be John Njord, the executive director. "He is interested in covering the 'If you are negotiating, why do you need the provision?' question."

Hassell then wrote up a paragraph saying that even with negotiations, there is the possibility of further legal action. "The state needs the assurance that there is an end to the litigation and the proposed legislation is necessary to do so," Hassell wrote.

Roger Borgenicht of Utahns for Better Transportation was part of a Legacy Highway lawsuit that led to a 10th Circuit Court ruling halting construction in 2001. He says he is disturbed by the e-mails and adds there is a "strong chance" the revelation could hamper settlement talks.

"We were working in complete good faith toward a balanced transportation solution," Borgenicht says. "And to learn that UDOT was behind our back trying to shortcut or circumvent what were honest and fair negotiations to reach a positive solution . . . shakes my faith in the trust of UDOT and the governor's office."

The Utah chapter of the Sierra Club, another plaintiff in the lawsuit, was also surprised.

"We were assured by UDOT and the governor's office that they had nothing to do with the legislative rider," Marc Heileson said. "And these e-mails suggest otherwise."

For his part, Njord says the department was only providing information requested by the congressional delegation. He says the department "scrambles" when it gets such queries and it obviously would be consulted on a transportation issue in Utah.

"They requested a number of things and we complied," Njord said.

He added that UDOT backed the congressional effort, because "the Department of Transportation is keenly interested in completing this work. . . . We're very, very interested in finishing the product."

The e-mails bear that out.

They also shed light on the fact that Sen. John Ensign, R-Nev., was considering using a similar provision to exempt U.S. Highway 95 from more environmental studies. The disagreement over that highway was settled without legislation. But before the accord was reached, a staffer for Sen. Bob Bennett, R-Utah, was asking Hassell and Njord if the delegation should prepare a second amendment that combined the Utah and Nevada projects into one provision. There was no response in the e-mails obtained by The Tribune. Njord said Wednesday that he didn't believe the two-track approach - negotiations and a congressional waiver - was disingenuous, claiming UDOT had an obligation to look at every avenue.

"We have been straight up with them," Njord said, referring to environmental groups. "We have made tremendous progress with them."

And Njord says the efforts will continue. "We have covered a lot of ground with these guys and we are getting closer."

tburr@sltrib.com

UDOT involvement in Legacy Highway

legislation revealed in e-mails

l First mention is made of the proposal to get a congressional waiver for Legacy Highway. It comes as a suggestion that the Federal Highway Administration review the provision's language - April 7.

l UDOT's Washington lobbyist, John Hassell, e-mails the proposed provision to Rep. Rob Bishop's office, an e-mail apparently copied to UDOT officials. UDOT lobbyist refers to legislative wording as "our work" - April 21.

l Hassell writes that he will be meeting with aides for Sen. Bob Bennett and Bishop to "review Legacy strategy" - May 19.

l Hassell e-mails Sen. Orrin Hatch's office with a story from the Standard-Examiner in Ogden saying that UDOT has been briefing lawmakers on the negotiations with the environmental groups - June 23.

l Hatch's office makes a request for "support language" on the Legacy provision and Hassell suggests to UDOT officials a paragraph of text not mentioning that a tentative agreement had been reached with the environmental groups - July 14.

l UDOT official Linda Hull forwards a Legacy brochure to help with a Hatch floor speech and adds that UDOT officials will "brainstorm" for responses to issues raised by the Sierra Club. Later that day, Hatch's office asked UDOT to ensure a statement was accurate on the costs of the project - July 27.