To the editor: The Virginia Department of Transportation (VDOT)’s own analysis shows that unless and until Maryland completes its Beltway expansion project, including building a new American Legion Bridge, the Interstate 495 NEXT Project will slow commute times for anyone unwilling or unable to pay the Transurban tolls.
According to public records, when VDOT originally presented this project to the Office of Transportation Public Private Partnerships (OTP3), that office found that the project was not in the public interest. OTP3 knew then what VDOT is having to admit to now – that unless Maryland builds its portion of the I-495 NEXT project, you’re going to have a worse commute unless you’re willing (and able) to pay.
The Northern Virginia Citizens Association has filed suit against Federal Highway Administration, VDOT, Transurban and its subsidiary Capital Beltway Express to prevent further work on portions of the I-495 NEXT Project that were not part of the original May 2021 environmental assessment.
The suit claims the defendants violated the National Environmental Policy Act (NEPA) and illegally delegated environmental reviews to a private party in violation of the U.S. Constitution.
Essentially, they got approval for one set of plans, then radically changed the plan without going back and resubmitting those changes for environmental review.
NEPA requires that even if those changes are within the “limits of disturbance,” you still need a formal updated NEPA assessment. And VDOT didn’t do that, or at least they haven’t shared it with anyone.
So why should you care? Because if it’s OK for the private partner (Transurban) to secure approval from the public partner (VDOT and FHWA) for one set of designs, but then change them later to simply enhance project cost structures or revenue streams with no public oversight or consideration for the effects of these changes, then we will have bastardized the intent and negated the goodness of public-private partnerships.
If VDOT and Transurban are allowed to do it here, then everyone will do it everywhere. And you and your children may suffer the consequences, potentially to the environment or to your health and safety.
Claudia O’Brien, member, NOVA Citizens Association
