The Arlington County Attorney’s Office had a $1.2 million budget deficit in fiscal 2010, primarily because of the mounting legal bills the county ran up pursuing its controversial HOT lanes lawsuit. The case challenges the Federal Highway Administration’s decision to waive a customary environmental impact study before allowing the construction of high-occupancy toll lanes along Interstates 95 and 395. The Arlington Board’s lawsuit says the agency failed to consider the harmful affects of air pollution to minorities living near the highway.
Arlington has spent more than $1 million since August 2009 on the case, according to County Attorney Stephen MacIsaac.
MacIsaac said the HOT lanes litigation was “undoubtedly” the main culprit that drove up the deficit, but defended the county’s intentions.
“This HOT lanes case is by far a big ticket item, and I think the board understood that going into it,” MacIsaac said. “It underscores the importance they place on the issue, because they were willing to spend that kind of money to protect that corridor.”
The attorney’s office spent nearly $4 million in fiscal 2010. The budget includes funds for everything from court fees to special counsel, office costs and salaries. Arlington’s fiscal year begins July 1 and ends June 30.
The Washington Examiner reported in August that Arlington expanded its lawsuit to include Edward Sundra, a program manager for the Federal Housing Administration. Sundra is the fourth person charged in the lawsuit with “blatant and intentional” neglect of state and federal anti-discrimination laws.
The case already names three individuals — U.S. Transportation Secretary Ray LaHood, FHA Administrator Victor Mendez and former Virginia Transportation Secretary Pierce Homer.
MacIsaac said coverage of the racial aspects of the case miss the county’s main concern, which is to preserve the quality of life for nearby residents and perhaps find alternative transit options.
The county has had several positive negotiations that could lead to a settlement outside of court, he said.
