MDOT Cut Too Many Corners; Now It’s Backed Into One!

MDOT planned an action-packed toll-lane summer to clinch the Governor’s deal. June: Dump 26,000+ pages of rushed/incomplete/illogical/opaque documentation on the public. July: Declare the public review period over. August: Get a hearty thumbs-up from the federal government and start writing construction contracts for approval before Hogan leaves office.

 

It’s not working out so well:

  • Opposition to the toll-lane scheme is broader, fiercer, and more knowledgeable than MDOT and Governor Hogan ever expected (see outstanding examples below).

  • As of this writing, the Federal Highway Administration is continuing its due diligence, reviewing the project’s Final Environmental Impact Statement to ensure it meets federal requirements. (It doesn’t – see the latest evidence below.)

  • MDOT’s private partner, toll-lane giant Transurban, STILL doesn’t have a construction contractor despite shortlisting three bidders a year ago. Something is not right.

 

And time is running out. Governor Hogan leaves office in the beginning of January. Candidates Wes Moore, Brooke Lierman, and others at all levels of government do not want to claim this harmful project as their own.

 

Back in 2018, grassroots activists and elected officials planted the seeds for evidence-based opposition to the toll-lane scheme. The evidence keeps piling up and the opposition keeps growing. Thank you for your part in all of it.

ACTION ITEM

 

Until the day the toll-lane project is withdrawn, we need to keep broadcasting what’s at stake. Your person-to-person and social media sharing are a key part of the grassroots effort. You’ll find the latest revelations in the Sierra Club’s scathing analysis of MDOT’s Final Environmental Impact Statement (FEIS). The analysis helps lay the foundation for legal action.

 

Choose topics that grab you from the Table of Contents  (pp. v-vi), then share what you learn as widely as you can. Shockers include:

  • MDOT’s latest efforts to nullify the public voice (text pages 3-11).

  • Evidence of manipulation of traffic models. Confirmation of increased travel times and new/worsening bottlenecks (pages 11-20).

  • New info on serious public health risks and MDOT’s failure to disclose them (pages 20-25). 

 

Our determined coalition never lets up

 

Just last month, hundreds of you urged USDOT Secretary Pete Buttigieg to require a public comment period for the FEIS. Requesting the same thing at approximately the same time were the Montgomery County Delegation to Annapolis; Montgomery County Executive Marc Elrich`; 62 advocacy groups, activist organizations, and Maryland mayors in a joint letter; and from Rockville, Mayor Bridget Newton and Councilmembers Monique Ashton, Beryl Feinberg, David Myles, and Mark Pierzchala.

 

The Sierra Club’s extensive, expert analysis of the 26,000+ page FEIS was put together in under a month by a dedicated, multidisciplinary team of legal and technical subject matter experts, professional and volunteer advocacy leaders, citizen activists, and more.

 

The Chair of the Maryland-National Capital Park and Planning Commission, Casey Anderson, sent a letter last week asking MDOT and the FHWA for more time to review the potential environmental impacts of the project.

 

Our partner and chair of the Maryland Transit Opportunities Coalition, Ben Ross, called out the possibility of fraud in MDOT’s traffic modeling: Toll Lanes Critic Accuses MDOT of “Scientific Fraud” in Key Report.

Our partner Gary Hodge, vice chair of the Maryland Transit Opportunities Coalition, exposed the dangers of turning over public infrastructure to a private entity that looks only to its own gain.

 

 

Speedy when they want to be, but slooow in getting back to us

 

MDOT took 585 days (p. 8) to respond to the public officials, agencies, and members of the public (you!) who collectively submitted 2,909 comments about the Draft EIS. They took 199 days to respond to the 2,138 public comments about the Supplemental DEIS. Absurd!

 

If you jump through enough hoops, you can find your own comment and MDOT’s response (often just a reference to another section) in the 13 files of Appendix T of the FEIS. Start at the index (p. 2). Good luck.

 

 

Not the Washington Post again!

 

In its 19th hand-wringing editorial in support of Maryland toll lanes, the Post went after the Federal Highway Administration for doing its job and taking time to review the FEIS. The Post, like Governor Hogan, wants ASAP approval of the toll-lane project for reasons that seem to have nothing to do with real congestion relief or effective transportation planning. If those were the Post’s goals, the editorials would be quite different. More like this new one in the Baltimore Sun: “Controversial Maryland toll lane project best kept on the shelf until 2023”.

ASAP Action Alert: Tell Pete Buttigieg We Need 2 More Months

Quick grassroots action can make a huge difference. Our coalition is urging US Secretary of Transportation Pete Buttigieg to push back against MDOT’s mad rush to finalize the toll-lane scheme.

 

MDOT, on June 17, issued the project’s Final Environmental Impact Statement (FEIS): 26,500 pages, much of it new. MDOT gave the public only 30 days to review all it. Impossible!

 

Grassroots groups and elected officials are requesting a 60-day extension and formal comment period. But federal agencies with the power to approve the project need to hear from large numbers of activists like you. ASAP.

 

Please use this easy correspondence tool to send a quick message requesting an extension and public comment period. Use the text provided and/or add your own words.

 

For more inspiration, see this powerful request for an extension sent to federal officials on July 8 by theMontgomery County Delegation to the Maryland General Assembly.

 

Click here to create and send your message today.

 

Thank you!

Federal Highway Administration Pub. HOP-14-022, Sec 1.1

Grassroots Grit: We Can Break the Primary Election Tie

By voting for Perez, we can break the 3-way tie our way

The Democratic gubernatorial primary is critical to the fate of the toll-lane scheme. Per the latest independent poll, Tom Perez, Wes Moore, and Peter Franchot, are virtually tied for the lead, each polling at about 15%.

Of the top candidates, Tom Perez is the most consistently and unambiguously opposed to the toll lane project. He’s strongly endorsed by the Washington Post and the Baltimore Sun.

Perez says, “Maryland needs a balanced approach to transportation…not the Hogan-Franchot plan to widen the beltway and privatize toll lanes.” He says, “… rushing something because a governor’s term ends in January is a recipe for potential disaster that obligates us for decades to come.”

Perez is the most likely of the top candidates to end the toll lane scheme if elected.

This is not single-issue politics. Governor Hogan’s plan touches every aspect of our public lives. In strongly opposing the plan, Perez demonstrates his support for fiscal and environmental responsibility, transparency, economic fairness, future-looking transportation policies, and putting the public interest first.

If we vote for Tom Perez, he can win.

Remember this quote from P. Franchot, the ultimate pro-toll-lane candidate

Peter Franchot explained to an interviewer (see below) that the toll-lane project is a kind of “experiment” (the kind, apparently, that uses billions of realdollars, impacts real lives, and lasts 50 years).

“The key thing is we'll be able to see whether there's any relief of traffic congestion and any real uproar over the tolls. And, you know, we'll be able to without completely turning the area on its head. We're going to be able to test a properly drafted P3 and we'll see how it goes” (Peter Franchot speaking on Everyday Law Podcast, 27:10).

Regarding that “properly drafted P3”, Franchot cast the deciding Board of Public Works vote for the toll lane agreement without insisting on even the basic protection of an independent financial and legal review: careless about the consequences of the project, then and now.

Washington Post, 7/1/22

Marc Elrich is on the right side of the toll-lane issue. Now, he’s under attack

Marc Elrich is the only one of the top candidates for Montgomery County Executive who opposes the toll lane scheme and the tremendous harm it will cause.

Now he’s under attack from big-money PACS. According to Maryland Matters: “A billionaire cofounder of Facebook has invested $500,000 in a new political action committee set up to defeat Montgomery County Executive Marc Elrich in the July 19 Democratic primary...”

Another PAC opposing Elrich is “a faux progressive local group” entirely funded by developers.

 

What’s true for Tom Perez is true for Marc Elrich. If we vote for him, he can win.

 ASAP Action Item

 Spread the word about Perez, Elrich, and the other candidates opposed to the toll lane project. Share these links to candidate positions for multiple races: Action Committee for Transit Scorecard and Citizens Against Beltway Expansion Scorecard. See the selected tables we published in our June 12 issue.

 According to the latest gubernatorial poll and the Maryland Matters article here, “More than 60% [of voters] said they were open to choosing a different candidate. Among the likely Democratic voters, 35% said they are undecided, weeks before the July 19 primary.”

 A small number of voters can have an enormous impact in this election. Our grassroots turnout can make all the difference. Every person you educate and persuade can help stop the toll lane scheme.

 

 

MDOT intended to overwhelm; they keep underestimating us

 MDOT dumped its 26,000 page Final Environmental Impact Statement (FEIS) on the public on June 17, allowing only a month for review. Public officials and multiple organizations have asked the federal government to require an extension of the review period, and new requests are going out. The Sierra Club of Maryland is actively engaged in the FEIS response. They’re coordinating the teams of technical and legal subject matter experts reviewing and assessing the material. The Sierra Club is also preparing for a possible legal challenge. Read about likely lawsuits here.

 Right now, the Sierra Club is developing a correspondence tool you can use to send your own message to the federal agencies reviewing the FEIS. Watch for details soon.

 The Sierra Club is our longtime, trusted partner in fighting the toll lane scheme. Please consider donating to the Sierra Club’s Maryland Smart Growth Defense Fund. You can read all about the fund and the fight against the toll lane project here.