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One judge will hear both suits against new toll road project
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(Greg Whitesell/Examiner)
Sierra Club member Jim Fary shows in Silver Spring on Tuesday how he says the proposed Intercounty Connector will cut through neighborhoods and increase pollution, poorly conceived development and sprawl Court dates have been set for two federal lawsuits filed by environmental groups attempting to block the building of the multibillion-dollar Intercounty Connector project. According to officials, the cases — brought forth by the Audubon Naturalist Society and the Environmental Defense/Sierra Club — will be heard on two separate dates in October. Opening statements in the Audubon case are scheduled for Oct. 1 in the Sierra Club case for Oct. 29. The State Highway Administration broke ground in the fall on the 18-mile toll road project, which will connect Interstate 270 in Gaithersburg with I-95 in Laurel. The agency also continues to acquire property along the proposed connector route. At this point, however, no physical construction is occurring and won’t until all lawsuits challenging the major initiative are resolved. Mike Harold, ICC campaign director for Audubon, said the suits have technically been consolidated. What that means is that a single judge in the U.S. Federal Court in Greenbelt, Md., will handle both proceedings, only on separate dates because the allegations made by each set of plaintiffs is slightly different. The Audubon suit, which was filed on Dec. 20, complains that the toll road will “do little or nothing to alleviate traffic conditions on existing roads.” In addition, Audubon members state in their court papers that the project would severely destroy or damage high-quality natural resources, promote endless sprawl and ensure “continued governmental inattention to truly significant transportation problems in suburban Maryland.” Similarly, the Environmental Defense/Sierra Club challenge revolves around environmental concerns, yet it focuses more on the fact that the project was approved without consideration of Environmental Protection Act air pollution standards. Though once billed as a major solution to traffic congestion problems in Montgomery County, the ICC impact study conducted by state leaders indicates that the road will result in 20 percent more vehicle miles traveled on the road system in the area. State Highway Administration representatives have declined to comment on the lawsuits since they are ongoing. dlevitz@dcexaminer.com |
