Green groups appeal judge’s connector ruling

Two of the original plaintiffs, Environmental Defense and the Sierra Club, said they are appealing the decision, handed down in November by U.S. District Judge Alexander Williams. The appeals are based on claims that the $2.4 billion road will damage public health and violate the Clean Air Act by increasing smog levels.

Environmental Defense Transportation Director Michael Replogle said Williams did not fully address the groups’ arguments, which were heard Oct. 29, and “gave incredible deference to the government agencies to interpret their own regulations.”

In his decision, Williams acknowledged that the ICC, which is to connect Interstate 270 in Montgomery County with Interstate 95 in Prince George’s County, had been in the works for more than five decades and repeatedly evaluated and debated.

He wrote that it was “abundantly clear” that state and federal authorities “thoroughly considered, examined, and, most importantly, corrected the deficiencies from previous failed attempts.”

State officials have contended that the road will reduce congestion and ease pollution.

Maryland State Highway Administration spokesman David Buck said the agency will review the appeal. Work began on the first 7-and-a-half mile stretch of the ICC between Interstate 370 and Georgia Avenue in late November.

“The ICC is still moving forward,” Buck said Monday.

A third environmental group that had also sued, Audubon Naturalist Society, will not appeal, said ICC Campaign Coordinator Mike Harold.

In a separate argument, heard Oct. 1, the Audubon group said the Maryland and Federal highway administrations failed to fully consider alternative locations for the road.

Harold said the organization will redirect its efforts toward convincing Gov. Martin O’Malley to rethink the ICC.

“We basically think that O’Malley’s leadership on global warming has to start here,” Harold said.

cmabeus@dcexaminer.com