NJ DOT is trying to gain an advantage in the dispute by purchasing the road's right-of-way before the planning and environmental process is complete, and alternatives are weighed. DOT revealed its plans to buy the ROW in its FY2001 capital program, which will be heard before the Legislature's appropriations committee April 11 and 12. The lands, which will cost $11 million, run through the forest alongside the Millstone River and adjacent to the Canal's State Park.

DOT's studies show that the highway will increase single-occupant vehicle trips in the corridor. A 1996 congestion management study eliminated some of the cheapest and most effective strategies to control demand in the area, such as parking cash-out.

Recently, the Sierra Club (also representing the Tri-State Transportation Campaign) testified before the appropriations committee that the ROW purchase would prejudice the decision about an alignment or non-construction alternatives. This view has gained support in some policy circles at the Federal Highway Administration headquarters, which is considering changes to its rule implementing the federal environmental impact statement law.