West Ala. Quality of Life v. U.S. Fed. Hwy. Admin.

• Decision Date: 09 February 2004
• Docket Number: No. CIV.A. H-03-5591.,CIV.A. H-03-5591.
• Citation: 302 F.Supp.2d 672
• Parties: WEST ALABAMA QUALITY OF LIFE COALITION, Plaintiff, v. UNITED STATES FEDERAL HIGHWAY ADMINISTRATION, et al., Defendant.
• Court: U.S. District Court — Southern District of Texas

302 F.Supp.2d 672

WEST ALABAMA QUALITY OF LIFE COALITION, Plaintiff, v. UNITED STATES FEDERAL HIGHWAY ADMINISTRATION, et al., Defendant.

No. CIV.A. H-03-5591.

United States District Court, S.D. Texas, Houston Division.

February 9, 2004.

COPYRIGHT MATERIAL OMITTED

James B. Blackburn, Jr., Blackburn & Carter, Houston, TX, for Plaintiff — West Alabama Quality of Life Coalition.

Myesha Braden, U.S. Department of Justice, Environment & Natural, Resources Division, Washington, D.C., for Defendants — United States Federal Highway Administration, Curtis Dan Reagan, Mary E. Peters, United States Department of Transportation, and Norman Y. Mineta.

Jack Foster Gilbert, Office of the Attorney General, State of Texas, Austin, TX, for Defendants — Texas Transportation Commission and John W. Johnson.

ORDER ON REQUEST FOR PRELIMINARY INJUNCTION

HITTNER, District Judge.

Pending before the Court is the Motion for Preliminary Injunction filed by Plaintiff West Alabama Quality of Life Coalition. After considering the motion, submissions, argument of counsel at a hearing on February 2 and 3, 2004, and applicable law, the Court determines that the motion should be denied.

INTRODUCTION

West Alabama Quality of Life Coalition ("WALQ") is a Texas non-profit corporation currently involved in a project to protect neighborhoods from freeway traffic diversions in and around the Richmond/West Alabama Corridor. Defendants are various federal and state transportation officials and agencies, including the Federal Highway Administration ("FHWA") and the Texas Department of Transportation ("TxDOT"). Plaintiff filed the instant lawsuit against Defendants asserting violations of federal law and requesting the issuance of a preliminary injunction to halt the impending U.S. 59/Spur 527 construction project scheduled to begin on February 13, 2004 at 9:00 p.m. The purpose of a preliminary injunction is to prevent irreparable injury to the parties and "preserve the court's ability to render a meaningful decision on the merits." Meis v. Sanitas Serv. Corp., 511 F.2d 655, 656 (5th Cir.1975).

BACKGROUND REGARDING U.S. 59/SPUR 527 PROJECT

Since 1961, Spur 527 has provided access to and from Houston's central business district from U.S. 59, also known as the Southwest Freeway.¹ However, Spur 527 is aged, shows signs of deterioration, requires extensive costly annual maintenance, and is not within current TxDOT design guidelines as it lacks the proper sized shoulders in its travel lanes and sufficient vertical clearance on its bridges. Additionally, as the Houston metropolitan population continues to increase, TxDOT anticipates increased use of both U.S. 59 and Spur 527. Thus, TxDOT plans to begin a major reconstruction project on Spur 527.

The Spur 527 project is a component of the larger "Southwest Freeway Project" that began in the mid-1980's to reconstruct U.S. 59 from Beltway 8 to State Highway 288. The reconstruction of U.S. 59 and Spur 527 from Mandell to Smith Street² involves depressing a portion of U.S. 59 to a level 20 feet below grade, extending the existing High Occupancy Vehicle ("HOV") lanes into downtown, and reconstructing the travel lanes and bridges of Spur 527. On completion, U.S. 59 will be expanded to a 12 lane facility, including 5 lanes in each direction with a 2 lane HOV facility that will divert from U.S. 59 onto Spur 527 into downtown, and there will be two additional arched bridges over the freeway at Graustark and Montrose.

The overall Southwest Freeway Project was approved in October 1985³ when TxDOT submitted and the Federal Highway Administration approved a 1985 Environmental Impact Statement ("EIS").⁴ In the early 1990's, TxDOT prepared an Environmental Assessment ("EA") detailing a plan to construct elevated HOV lanes along side Spur 527 into downtown.⁵ However, after presentations at public hearings and community workshops, TxDOT redesigned this portion of the project due to significant public opposition concerning the project's lack of aesthetic appeal. Based on public comment, TxDOT's new design extends the depressed section of U.S. 59 to the intersection of Spur 527 and places HOV lanes at the same grade as the main lanes on the Spur, which now requires reconstruction of Spur 527 to align the two roadways. Additional public meetings were held to discuss TxDOT's new design plans.

In September 1997, TxDOT prepared a revised EA to address the new design. The 1997 EA stated that the proposed construction would not detour or divert significant levels of traffic onto neighborhood streets. As part of the EA, TxDOT provided documentation from the State Historical Preservation Officer ("SHPO") that stated the project would not have an adverse impact on neighborhood historical properties. On February 25, 1998, the FHWA issued a finding of no significant impact ("FONSI").⁶

TxDOT divided construction on the U.S. 59/Spur 527 project into three phases. In 1999, TxDOT began construction on Phase One, which involved reconstructing and depressing the travel lanes of U.S. 59 from Shepard to Mandell. That segment is substantially complete. Phase Two primarily involves construction of the following: (1) southern half of the U.S. 59 main lanes, (2) temporary bridges at Graustark and Montrose, (3) northbound Spur 527 main lanes, (4) southbound Spur 527 frontage road, and (5) permanent Main Street exit ramp.⁷ Phase Three is essentially a mirror image of Phase Two and provides for the construction of: (1) the northern half of the U.S. 59 main lanes, (2) southbound Spur 527 main lanes, and (3) permanent Graustark and Montrose arch bridges.⁸

In 2002, TxDOT submitted to the FHWA a re-evaluation of the U.S. 59/Spur 527 project that addressed further design considerations for Phase Two, the Mandell to Smith Street portion of the project. TxDOT sought the FHWA's concurrence regarding the 1998 FONSI that "no further environmental documentation or public involvement is required for this project," and the FHWA concurred in July 2002. Accordingly, TxDOT awarded the construction contract to a private contractor in August 2002 pursuant to its bidding process.⁹

At the time the contract was awarded, TxDOT's construction plan called for complete closure of Spur 527 for the duration of the project.¹⁰ However, based on public requests, TxDOT reconsidered its decision to completely close Spur 527 and revised the project. By October 2002, TxDOT developed a plan which would allow at least one outbound lane to remain open at all times and two outbound lanes to remain open for half of the project.¹¹ Construction was scheduled to commence in February 2003 and last approximately 33 months. However, the City of Houston requested TxDOT suspend the project until after the Super Bowl festivities on February 1, 2004, and TxDOT accommodated the City's request. The start date for Phase Two of the U.S. 59/Spur 527 project was reset for February 13, 2004.

In anticipation of the upcoming construction project, TxDOT prepared a Supplemental Report detailing its U.S. 59/Spur 527 traffic control plan in January 2004. Under this plan, inbound traffic is detoured to a new Main Street exit off U.S. 59, a temporary ramp that is currently under construction.¹² From this ramp traffic can flow into downtown on Main or connect with several other downtown streets, such as Fannin and San Jacinto. In addition, a U-turn lane from the Main Street ramp onto Garrott Street provides access to Travis Street. Inbound U.S. 59 traffic proceeding past the Main Street exit may use exits at Gray and Polk Streets. Spur 527 will continue to be accessible to outbound downtown traffic. Additionally, TxDOT and the City of Houston worked in conjunction to facilitate the flow of traffic onto U.S. 59 southbound via Webster Street. Pursuant to its revised traffic control plans, TxDOT does not purposefully direct the detour of traffic onto any adjacent arterial or neighborhood streets.¹³

To evaluate its traffic control plans and the resulting impact on traffic in the area, TxDOT requested the Texas Transportation Institute ("TTI"), which is affiliated with Texas A & M University, conduct a level-of-service ("LOS") study.¹⁴ TTI's study concluded that, under the current traffic control plan, the LOS on arterial streets in the neighborhoods near Spur 527 will remain relatively the same during construction as prior to construction.¹⁵ TxDOT provided a Supplemental Report to the FHWA outlining its revised traffic control plan. TxDOT also submitted the revised traffic control plan to the State Historical Commission for review. Subsequently, on January 29, 2004, the State Historic Preservation Officer concurred that TxDOT's traffic control plan would not have significant adverse effects on neighborhood historical properties.

TxDOT publicized its initial and revised traffic control plan via a series of informational meetings and talks during late 2002 through January 2004. After thorough evaluation of the traffic control plan and other possible alternatives, TxDOT's 2004 Supplemental Report concluded that the current traffic control plan minimizes construction impacts to the extent practicable and is consistent with the FHWA's FONSI, such that no further environmental evaluation is required. Therefore, TxDOT is prepared to proceed with construction of Phase Two.

CURRENT LAWSUIT

Plaintiff West Alabama Quality of Life Coalition ("WALQ") filed the instant action on December 8, 2003, alleging that Defendants United States Federal Highway Administration; Curtis Dan Reagan in his Official Capacity as Division Administrator of the U.S. Federal Highway Administration, Texas Division; Mary E. Peters in her Official Capacity as Administrator of the U.S. Federal Highway Administration; United States Department of Transportation; Norman Y. Mineta, in his Official Capacity as Secretary of Transportation of the United States Department of Transportation; Texas Transportation Commission; John W. Johnson in his...