New Jersey environmental regulators had sat on the fence regarding the wetlands-taking new alignment highway plan for several years. But on Monday, NJ DEP Commissioner Robert Shinn issued a wetlands permit for the project, and testified in its favor at a 10-hour U.S. Army Corps of Engineers hearing.

Still, the wetlands taking requires federal approval. Shinn's action could set up a showdown between the state and the feds, and possibly between federal agencies. Last year, the U.S. EPA's New England regional office threatened to veto a wetlands permit for Conn-DOT's Route 6 construction proposal in eastern Connecticut if the permit was issued by the Army Corps. EPA has issued strong statements opposing Route 92 several times. "Before a wetlands permit is issued, the applicant must show that there is no practicable alternative to filling wetlands," EPA Regional Administrator Jeanne Fox testified on Monday. "The new application does not address the feasibility of EPA's proposed 'modified no-build' alternative in any detail."

In the week leading up to the hearing, a flurry of central NJ newspaper stories chronicled rising opposition to the new highway. Franklin and Hillsborough Townships recently threw their weight behind the opposition, and five area mayors issued a statement against the road plan on Sunday.

The NJ Turnpike Authority's testimony Monday was tellingly defensive. Turnpike officials sought to rebut critics of the road rather than to affirmatively pitch the proposal's benefits.

News stories estimate that the hearing drew over 800 citizens and local officials, with about 100 presenting testimony. Those favoring the road included Princeton University, building trades representatives and some municipalities.

Kingston resident Mark Peel testified, "The notion that we can relieve congestion by building additional roads is now so thoroughly discredited that it's impossible to attend a transportation forum...without hearing a chorus of planners intone that 'we can't build our way out of this problem.' And it is silly to believe that a six mile road can somehow absorb all of the traffic Route 92's supporters claim it will."

In the wake of the hearing, the road's unpopularity continues to grow. Last night, Hopewell's township committee passed a resolution opposing Route 92.

The Army Corps is accepting public comments until 5pm on April 8th. For information, call 212-264-6731 or e-mail James.W.Haggerty@usace.army.mil. Mail comments to:

TV ads calling on Governor Whitman to call off the Route 92 project are again running during news programs in central New Jersey.