The clearing of the right-of-way for the SH 45 SW project is set to begin this week following judges' decision Friday to deny a motion for an injunction that would stop the road's construction. The court and Central Texas Regional Mobility Authority confirmed the judges' ruling, which states work to clear the right-of-way is slated to begin Tuesday. In a news release, the Mobility Authority stated the $109 million project is expected to take about three years to complete. “Central Texas' natural beauty is one reason so many people relocate here, and this is one of the most sensitive environmental areas in the region," said Mike Heiligenstein, executive director of the Mobility Authority, in a news release. “This project was developed with a delicate balance in mind—meeting the population’s need for new infrastructure, while still taking appropriate measures to protect our environment. I’m proud of the thoughtful planning and coordination that went into making this project a truly collaborative approach to sustainable environmentally-sensitive design.”

Original story posted at 1:06 p.m.

At a hearing today before the U.S. Fifth Circuit Court of Appeals, plaintiffs argued work should not move forward on area transportation projects including SH 45 SW, a proposed 3.6-mile toll road that would connect Loop 1 with FM 1626 in Hays County. Three court judges heard the arguments on an emergency motion for preliminary injunction from the Keep MoPac Local Coalition, the group that has opposed the SH 45 SW project for years and filed a lawsuit against the Central Texas Regional Mobility Authority and Texas Department of Transportation to prevent the project from happening. Highway construction could begin sometime this month if the judges rule in favor of the transportation authorities. Keep MoPac Local's goal is to prevent construction, said Bill Bunch, executive director of the Save Our Springs, or S.O.S., Alliance and Keep MoPac Local member. The group wants a comprehensive study to be done on the effects of building SH 45 SW, the MoPac Intersections project and adding MoPac express lanes. "[The court judges] heard arguments from the lawyers on each side for about an hour and they said they would rule promptly, which I think means before Tuesday, which is when the [Mobility Authority] is saying they want to start cutting the trees down. So, we could hear from them today or Monday," Bunch said. "If the court gives us the injunction we are requesting I think at that point there is some chance that the [Mobility Authority] and TxDOT just realize that they need to do the comprehensive study." In a statement, the Mobility Authority said it is committed to delivering what it describes as a critical project that will provide much-needed congestion relief for area drivers. "The hearing today provided an opportunity to further show our compliance with all applicable environmental regulations. Over the last decade, lawsuits have been filed against projects in Central Texas but they have not produced any measurable impacts, given that we have proceeded in adherence to all requirements set forth by state and federal laws," the Mobility Authority said in its statement. Last month a federal judge already determined SH 45 SW could move forward as a standalone project, according to Travis County Commissioner Gerald Daugherty. "You can’t ever second-guess judges," Daugherty said. "I just think that we have a project here that meets all the standards that this road needs to meet, and it needs to move forward. And I hope that the Fifth Circuit agrees with that." Bunch said Keep MoPac Local plans to move forward with a final trial on the merits at the trial court level no matter what decision is issued. "The case will go forward even if the court lets them go ahead and start clearing the right-of-way," he said. "The community never gets to see the whole picture until it’s too late. I think everybody agrees traffic on MoPac is already a nightmare. Building SH 45 SW first will make it much worse of a nightmare."