Troubling Signs and Good News

Uh oh. It looks like Governor Moore may advance some version of the Hogan-era toll lane scheme (see “What We Know,” below). Specifics are TBD. The public will be consulted, but MDOT’s not saying to what end.

 If the Moore administration goes ahead with this, they will be weighed down, mired in former Gov. Hogan’s destructive, inequitable plan.

 Governor Moore will end up, as his predecessor did, relying on toll-lane theater instead of honestly engaging the public on this issue. Why? Because:

  • No version of the toll lane plan can be truthfully defended on its merits. The project was designed as a means of maximizing revenue for a private contractor. Its bones won’t be fundamentally altered by any change in scope or funding method.

  • The project can’t survive reasonable scrutiny – that’s why it’s never had independent financial and legal review; why the Capital Beltway Accord has never been released; and why key traffic modeling, pollution data, and mitigation plans are missing.

  • The project is an illusion of a congestion-relief plan. If any version of the project is built, the vast majority of highway users will be worse off than they are now! 

 

Here’s the good news

The powerful lawsuit opposing the toll lane plan — filed by the Sierra Club, National Resources Defense Council, and historic preservation groups — is advancing.

  • The Moore administration, if they’re willing, can find the lawsuit an invaluable source for expert, clear-eyed analyses of what is, isn’t, and should have been in MDOT’s environmental review documents.

  • The lawsuit's filing memorandum, along with the Sierra Club’s comments on the Final Environmental Impact Statement, are filled with information critical to making informed decisions about the project. We urge administration decision-makers to read both the filing (60 pages) and the comments (63 pages).

  • For that small investment in reading time, the Moore administration will get a full picture of a project that will negatively impact our environment, health, safety, economy, and ability to live equitable lives for generations.

Lawsuit filed at U.S. District Court, District of Maryland, Southern Division. Photo courtesy of the Court.

ACTION ITEM

As Governor Moore is making up his mind about the toll lane project, he and the Montgomery County Council must hear from us.

ASAP, please write to county.council@montgomerycountymd.gov. In your own words, explain why you actively oppose the toll lane project. Ask Councilmembers to urge the governor to reject any version of the project in favor of better, smarter choices.

Encourage your friends and neighbors to take this action, too. If you’ve written to the Council recently, thank you for writing again now! Our voices can make all the difference.

Bonus Action Item

The National Capital Region Transportation Planning Board (TPB) is using a quick online form to gather feedback on regional transportation projects. Click here; then click “next”; enter “Maryland”; then click “OP Lanes Maryland Phase I” and “Strongly Disagree”!

What we know

  • The Moore Administration’s Department of Transportation wrote to homeowners near portions of I-495, and I-270 as far north as the Y split, requesting access to their property for toll-lane related data collection.

  • The Moore Administration’s Department of Environment approved a water quality certification covering the project’s Phase 1. On June 19, the Sierra Club submitted a compelling appeal for reconsideration of that decision.

  • Lt. Gov. Aruna Miller recently said of the project’s future: “The state cannot start all over as that would mean a loss of federal funds and a delay of years...Instead, the state will consider what needs to be done, which she said could mean road widening along the entire stretch or only at the American Legion Bridge.”

  • According to an MDOT spokesperson, the agency is “continuing design and permitting activities; field work and data collection; and developing funding options and procurement approaches … including seeking federal grants.” 

 

But, and this is major…

 Governor Moore’s press secretary just told MoCo360 that the Governor’s “first priority is to review the project through the ‘lens of equity, sustainability, environmental protection and environmental justice.’” As the Governor looks more closely, he’ll find that no version of the toll lane project has an honest chance to pass through any of those lens.

Note: Time to retire Hogan-era’s “soul crushing traffic”

Larry Hogan frequently said, without asking what we thought, that our souls were being crushed by traffic, and his toll lane plan was the antidote. He said, “…we’re not going to let politics delay” getting Marylanders unstuck from “soul-crushing traffic”.  He said, “This [TPB vote] is a great victory for Marylanders sick and tired of being stuck in soul-crushing traffic.” He offered an illustrated version here: “Tired of sitting in soul crushing traffic? Our plan can fix that.”

Recently Lt. Governor Miller said of traveling along I-270: “It’s soul crushing to be in that traffic.”

Actually, congestion on lower I-270 south of the bottleneck at I-370 (the bottleneck that will get worse if the toll lanes are built) has been greatly reduced. That’s thanks to MDOT’s highly successful Innovative Congestion Management System, initiated in 2017.

Expanding the use of ICM techniques is, in fact, one of the multiple smart alternatives to the toll lanes.