“CSX double tracks converge to a single track at the West portal entrance to the Virginia Avenue Tunnel.” Via CSX.The D.C. organization devoted to upholding L’Enfant’s plan filed suit in federal court today over the possible expansion of a CSX rail tunnel along Virginia Avenue.
Currently at issue in the multi-year saga is the Federal Highway Administration’s approval of a construction alternative that gives CSX the ability to apply for permits. A lawsuit filed by the Committee of 100 on the Federal City claims the Environmental Impact Statement and FHWA’s Record of Decision approving the build alternative suffered from “predetermination” and failed to adequately address concerns.
Outside the District Court for the District of Columbia today, Monte Edwards, vice president of the Committee of 100, said his organization took an “active role” in the environmental review process, but “our concerns were not adequately answered.”
Of the plans considered, including a “no build” option, the FHWA approved a 40-month build alternative “based upon its ability to minimize, to the extent practicable, the environmental effects and consequences resulting.” The project to widen and deepen the tunnel would allow for double-stacked freight trains to run along the tracks. Neighbors of the project have long expressed concern about the safety and health impacts the construction project could have, with a 230-foot “protected open trench” that trains will run through of particular concern.
One of the issues cited by the Committee of 100 is the environmental review’s focus on the impact of construction, “rather than the 100s of years that this tunnel might be in existence,” the organization’s attorney, Les Alderman, said.
Alderman also alleged that CSX and the District government “had agreements that ensured that this tunnel expansion project would go through.” The group alleges that the environmental review did not consider using the CSX-owned right-of-way at Shepherds Branch, which the District Department of Transportation has proposed using for the streetcar system. An appendix in the Federal Environmental Impact Statement states that the land is of “critical importance to the D.C. government for other purpose.”
“The agreement speaks for itself,” Alderman said.
“The reconstruction of the Virginia Avenue Tunnel has been approved by the federal and District of Columbia governments following a lengthy public oversight, review and comment process that shaped the final design of this project,” a CSX spokesperson said by email. “CSX is committed to doing this project the right way, safely, respecting our neighbors and working closely with residents and businesses to minimize impacts and to ensure that they are informed about construction plans. Modernizing this tunnel will help alleviate freight and passenger rail delays and stimulate economic growth by removing a significant transportation bottleneck. CSX believes the project should move forward promptly.”
In addition to the complaint, the Committee of 100 will file a preliminary injunction this afternoon to stop any further action.
“Start over,” Alderman said of the lawsuit’s goal. “Do it again, and do it correctly.”
