BrieAnna J. Frank

The Republic | azcentral.com

The Gila River Indian Community Council will appeal a U.S. District Court judge’s decision to allow construction of a freeway next to tribal lands.

In an Aug. 26 meeting, the council voted unanimously to appeal Judge Diane Humetewa’s denial of a pair of lawsuits meant to stop construction of the South Mountain Freeway, a planned Loop 202 expansion to connect Interstate 10 from Phoenix to Chandler through part of South Mountain Park.

Protecting Arizona's Rights and Children initially filed a lawsuit in May 2015 in an attempt to stop construction of the freeway, soon followed by a similar suit filed by the Gila River Indian Community. Both lawsuits were consolidated by Humetewa, who then denied both.

The community's legal team is seeking an injunction to halt construction of the freeway while the appeal is pending.

Judge: South Mountain Freeway project can proceed

The community has argued that federal and state agencies are violating federal law by approving a new freeway location that would destroy sacred tribal lands and says the agencies are ignoring their obligations to avoid harm to the environment and the public health, safety and welfare of tribal members.

In a statement issued Tuesday, Gila River Indian Community Gov. Stephen R. Lewis said the community will continue fighting to protect its sacred lands and prevent the construction of the freeway.

“The mountain represents one of the Community’s most important and sacred natural resources,” he said. “We cannot stand idle while the proposed freeway destroys the mountain and its trails, shrines, and archaeological sites.”