Council brings in big gun to fight Route 92

By:Matthew Armstrong
   South Brunswick has hired a prominent environmental lawyer to lead the charge against the proposed Route 92 highway that, if built, would slice through the township.
   At its May 2 meeting, the Township Council agreed to hire Michael Gerrard, a New York-based attorney with experience fighting highway proposals, according to Township Manager Matt Watkins.
   The action comes just weeks before the start of an environmental impact study, which will assess the impact Route 92 will have on local roads, the environment and area historic districts.
   “He has a great deal of experience in assisting municipalities against these type of projects,” said Mr. Watkins. “He has done work for East Brunswick and Montgomery in stopping certain roadways from being built.”
   According to Mr. Watkins, Mr. Gerrard will charge $423 per hour, up to $10,000 for his services.
   The New Jersey Turnpike Authority for years has been seeking to build Route 92, a 6.7-mile limited-access toll road. The highway would connect Route 1 with the N. J. Turnpike at Exit 8A.
   The project has prompted significant opposition from the federal Environmental Protection Agency, transportation watchdog groups and municipalities like South Brunswick.
   The U. S. Army Corps of Engineers is reviewing the proposal and, in February, ordered an environmental impact study. The study will look at what impact the highway may have on wetlands, the possibility of using less environmentally damaging alternatives, traffic impact and the effect the project would have on historic communities such as Kingston and Rocky Hill.
   The impact study will be begin with a “public scoping” session to determine what issues the study should address, according to James Haggerty, spokesperson for the Corps. It will be held June 8 at the Holiday Inn on Route 1 near Ridge Road.
   The Turnpike Authority is paying most of the study’s cost.
   Mr. Gerrard is working on items the study should focus on. Neither township officials or Mr. Gerrard would say exactly what they will demand from the impact study.
   “It is clear that this proposal would have an adverse impact on the municipalities that it would run through, and the definition of the need for this road is highly questionable,” said Mr. Gerrard.
   “These sorts of projects are highly vulnerable to well-grounded environmental concerns,” said Mr. Gerrard.
   Mr. Gerrard, now a partner with the Washington, D.C. law firm of Arnold & Porter, has been practicing environmental law in New York since 1978. He has represented municipalities and citizen groups in New Jersey, New York, Connecticut and Massachusetts against numerous road projects. He has served as the chairman of the Environmental Law Section of the New York State Bar Association, is a member of the Council of the American Bar Association’s Environment, Energy and Resources Section and teaches environmental law as an adjunct professor at Columbia Law School and Yale University’s School of Environmental Studies.
   He also was the deputy director of Transit Office for New York City, under former Mayor Edward Koch in 1982, and worked for the Metropolitan Transportation Authority in 1983.
   Though Mr. Gerrard’s background is in environmental law, he said he will focus on a variety of options, including alternatives to the highway and the highway’s impact on area towns.
   “We have to take all of these things into account and contribute our thoughts to the public hearings to make sure they are examined,” said Mr. Gerrard.