Arlington County has sued the Federal Highway Administration and the commonwealth of Virginia over the toll lanes project on I-95/395, arguing that they failed to fully assess the environmental and public health effects of the plan.
A sticking point for county officials on the proposed high-occupancy toll, or HOT, lanes project is a “Categorical Exclusion” issued by the FHWA in January. The classification allows the project to move forward without a full environmental and public health analysis as required by federal law.
The suit alleges that the FHWA and the commonwealth of Virginia failed to meet requirements under the National Environmental Policy Act and the Clean Air Act before the Categorical Exclusion was issued. Local officials say that an environmental assessment is necessary before the project goes any further.
“I wish it did not have to come to this but the County was left with no alternative,” said Arlington County Board Chairwoman Barbara Favola. “At this point, the true impacts of the project have not been identified and a proper design cannot be completed. In fact, due to the manipulation of the process, the true impacts cannot be identified.”
Arlington County Attorney Stephen MacIsaac said that the FHWA and VDOT should rescind the Categorical Exclusion classification and, at a minimum, undertake an environmental assessment. Local officials also chided the project for focusing on moving individual cars, rather than people, and claimed that it was likely to increase congestion in the Interstate 95/395 corridor and worsen air quality in the region.
State Del. David Englin, D-45th District, who represents parts of Arlington, Fairfax County and Alexandria, praised the board Wednesday for its actions and said the lawsuit was an important step in protecting quality of life in the area.
The Categorical Exclusion was an “inadequate way to protect the public interest and protect the neighborhoods,” Englin told The Examiner.
He said he believed a full analysis would point to transit as a way to improve transportation in the area.
“It’s much better to move people via transit, rather than cars,” he said.
Officials from the FHWA and VDOT could not be reached for comment Wednesday.
