Coalition On Sensible Transp. Inc. v. Dole

• Decision Date: 24 July 1986
• Docket Number: Civ. A. No. 85-2759.
• Citation: 642 F. Supp. 573
• Parties: COALITION ON SENSIBLE TRANSPORTATION INC., et al., Plaintiffs, v. Elizabeth DOLE, United States Secretary of Transportation, et al., Defendants.
• Court: U.S. District Court — District of Columbia

642 F. Supp. 573

COALITION ON SENSIBLE TRANSPORTATION INC., et al., Plaintiffs, v. Elizabeth DOLE, United States Secretary of Transportation, et al., Defendants.

Civ. A. No. 85-2759.

United States District Court, District of Columbia.

July 24, 1986.

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Brian P. Leitch and Bruce Cormier, Washington, D.C., for plaintiffs.

Rebecca Ross, Asst. U.S. Atty., Washington, D.C., for Federal defendants.

David E. Beller, Asst. Atty. Gen., and Louisa Goldstein, Asst. Atty. Gen., State of Md., Baltimore, Md., for State defendants.

Joseph M. Mott, Bethesda, Md., for intervenor City of Gaithersburg.

David R. Podolsky, Asst. City Atty., Rockville, Md., for intervenor Mayor and Council of Rockville.

MEMORANDUM

GASCH, District Judge.

This case is before the Court on the parties' cross-motions for summary judgment and plaintiffs' motion for a preliminary injunction. Plaintiffs are the Coalition on Sensible Transportation, the North Bethesda Congress of Citizens Associations, the Sierra Club, and the Washington Area Bicyclists Association. Defendants are Elizabeth Dole, Secretary of Transportation, and Ray Barnhart, Administrator of the Federal Highway Administration ("FHWA"). Defendant-intervenors are Hal Kassoff, Administrator of the Maryland State Highway Administration ("SHA"), the City of Gaithersburg, Maryland, and the Mayor and Council of Rockville, Maryland.

I. BACKGROUND

At issue in this litigation is a project which would widen Interstate 270 ("I-270"), a highway which runs through Montgomery County, Maryland. I-270 connects Interstate 70 with Interstate 495, the "Beltway" which encircles metropolitan Washington, D.C. The I-270 corridor is a major transportation corridor and is a heavily travelled route for traffic to and from Washington, D.C. as well as communities such as Rockville and Gaithersburg. Substantial economic development along the corridor has caused increased traffic on and around I-270.

A. Description of the Project

The I-270 project would widen approximately 16 miles of highway, extending from the I-270 spur ("spur" or "Y-split") near Montrose Avenue north to the intersection with MD 121. Finding of No Significant Impact ("FONSI"), Administrative Record ("A.R.") 357, at I-1. This expansion of I-270 is expected to cost more than $113 million and will take five years to complete. Id. (Table 1); A.R. 358.

The I-270 project may be divided into several parts. In the stretch of I-270 running from the I-270 spur to MD 124, the highway would be widened from six lanes to eight "mainline" lanes and four "continuous collector-distributor" ("CC-D") lanes. Two CC-D lanes would be constructed in each direction on this stretch of I-270. FONSI at II-5-6, Plate 2.

The CC-D lanes are designed to separate entering and exiting traffic from the mainline I-270 lanes in order to facilitate the flow of "through" traffic. FONSI at II-5. The CC-D lanes will be separated from the mainline lanes by a barrier that will be periodically interrupted by "slip ramps" that permit access from the CC-D lanes to the mainline lanes, and vice versa. Id. The traffic on the CC-D lanes would travel at lower speeds in order to promote safer ingress to and egress from the mainline lanes. Id.

From MD 124 to MD 118, a distance of slightly more than three miles, I-270 would be widened from six to eight mainline lanes. FONSI at II-5-6, Plate 3. Finally, from MD 118 to MD 121, I-270 would be widened from four to six lanes. Id. No CC-D lanes would be constructed along these stretches of I-270. Id. In addition to these widenings of I-270 itself, the project entails modification of the interchanges at Montrose Road, Middlebrook Rd./MD 118, and MD 28. FONSI at II-10-15.¹

B. Development of the I-270 Project

The possibility of widening I-270 has been under discussion since the early 1970's. See A.R. 9, 10, 11. Consideration of the instant project began in 1979, when the SHA developed a project planning prospectus which addressed conditions in the I-270 corridor from the I-270 spur to MD 121 and discussed proposals for improving traffic flow. See A.R. 32. This document was circulated to various federal and state agencies for comment and review. See A.R. 33, 34, 35. Thereafter a consultant was hired and project planning began in earnest. See A.R. 39, 40, 44, 45.

The administrative record establishes that, between 1980 and 1983, project planners discussed and studied various matters related to construction along I-270, including historic sites, A.R. 58, 64; archeological areas, A.R. 72, 75; environmental conditions, A.R. 73; noise levels, A.R. 69, 276; and air quality, A.R. 197, 199, 199a, 200. Planners also reviewed traffic patterns and forecasts. See A.R. 67, 71, 84, 92, 106, 113, 123, 148, 151, 168, 169. Officials discussed means of improving traffic service and developed alternate proposals that included ramp metering, high occupancy vehicle ("HOV") lanes, widening to eight lanes, and widening to eight lanes with CC-D lanes. See A.R. 63, 76, 77, 80, 81, 95, 139, 153, 173, 185.

On June 11, 1983, the SHA held a public informational meeting on the I-270 project and the alternatives under consideration. A.R. 168, 171. The meeting, held in Montgomery County, was attended by approximately 70 people, who commented on the proposals. A.R. 171. On August 3, 1983, the I-270 project team decided that the eight-lane, CC-D lane proposal and the no-build alternative would be studied in detail. A.R. 180. Although it presented potentially the worst-case environmental effect, the eight-lane, CC-D lane proposal was deemed the "preferred alternative" because it provided the highest traffic capacity on I-270 and the best service. Id.

By the end of 1983, the SHA had prepared preliminary drafts of an environmental analysis ("EA") and environmental statement required by Section 4(f) of the Department of Transportation Act, which concerns use of parkland in highway construction. See A.R. 193, 205, 208, 208a. This document was sent to the FHWA for comment and, after some revisions, was approved by the FHWA on January 13, 1984. See A.R. 229.

On February 15, 1984, the SHA held a combined location/design public hearing on the I-270 project in Rockville. See A.R. 225, 266. A report prepared in advance of the hearing and mailed to organizations on the SHA mailing list identified the proposals that had been studied and described the eight-lane, CC-D lane plan as the preferred alternative. See A.R. 225. The public hearing was attended by about 280 people, 28 of whom spoke for the record. FONSI at I-3; see A.R. 266, vol. 1.

In response to comments made at the public hearing, three alterations to the preferred alternative were adopted. These alterations involved shifting the roadway south of Montrose Road 24 feet to the west, shifting the roadway south of MD 28 30 feet to the east, and shifting the roadway between MD 28 and the proposed Gude Drive Bridge 43 feet to the west. FONSI at II-7-10. These shifts were made to move the highway farther away from certain residential areas. See A.R. 266, 258, 269.

On April 30, 1984, the FHWA determined that the public hearing requirements established by Section 128 of the Federal-Aid Highway Act had been satisfied. See A.R. 297. Thereafter, the SHA submitted the FONSI to the FHWA. A.R. 338. The FHWA concluded that the I-270 project's environmental impact was not significant and approved the SHA's recommendation for a FONSI. A.R. 356, 357. The SHA then issued a public notice announcing that the Department of Transportation had given location and design approval for the I-270 project. A.R. 362.

C. Evaluation of Alternative Proposals

During the administrative consideration of the I-270 project, five alternatives were discussed: the no-build alternative; widening I-270 to eight lanes without CC-D lanes; use of HOV lanes; ramp metering; and widening I-270 to eight lanes with CC-D lanes. See FONSI at II-1-10. These proposals and the reasons for their rejection will be briefly discussed.

1. No-Build

The no-build alternative involved only normal maintenance of I-270 without widening. FONSI at II-1. This alternative was rejected for failure to relieve traffic congestion. Id.; see also A.R. 361, at 1. The SHA concluded that, as development in the I-270 corridor intensified, traffic volume on I-270 and other roads in the corridor would increase. Without new construction to alleviate congestion, the SHA found that accident rates would increase and traffic would be diverted to other routes in the corridor, thereby increasing congestion on those routes. FONSI at II-1.

2. Widening to Eight Lanes Without CC-D Lanes

This proposal would have added a traffic lane in each direction from the I-270 spur to MD 121, so that there would be eight lanes from the I-270 spur to MD 118 and six lanes from MD 118 to MD 121. FONSI at II-2. The SHA rejected this alternate for several reasons. First, existing ramps along I-270 would need to be lengthened, thus requiring "extensive right-of-way acquisitions and relocations resulting in greater overall adverse impact and substantially greater costs." Id. Second, bridges passing over I-270 would need to be reconstructed to accommodate the addition of new lanes. Id. Third, the alternative would not adequately handle traffic demand in 2010, the "design year" of the I-270 project. Id.; see also A.R. 361, at 1.

3. HOV Lanes

Under this proposal, additional lanes would be constructed and would operate as express lanes or HOV lanes. FONSI at II-3. This alternative was rejected primarily as a result of estimated traffic patterns in the I-270 corridor. Id.; A.R. 361, at 1. Projections indicated that a substantial portion of traffic on I-270 was between communities in the corridor and that only a "relatively small percentage of traffic" was destined for the Washington, D.C. central business district. FONSI at...