Blocking of rail line abuses environmental act, ARTBA says to federal court

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The American Road & Transportation Builders Association (ARTBA) recently told a federal appeals court that a lower court ruling blocking the 16-mile, light rail Maryland Purple Line is an abuse of an environmental act.

The Purple Line is one of the country’s largest public-private partnerships (P3s) with $900 million in federal funding.

The case is an appeal of Friends of the Capital Crescent Trail vs. the Federal Transit Administration.

Friends of the Capital Crescent Trail claimed there were environmental issues under the National Environmental Policy Act (NEPA).

While the court dismissed those claims. The court, however, questioned whether the Purple Line would carry enough passengers to be cost-effective. The court based its question on the Metrorail’s ridership and safety. Metrorail is a heavy rail system and does not include the Purple Line.

ARTBA argues that ridership has no effect on the environmental impact of the project.

“If plaintiffs or courts can upend the culmination of the onerous NEPA process for economic or policy reasons having nothing to do with the environment, the ensuing uncertainty and delay would discourage public and private investment needed to rebuild and improve the country’s transportation infrastructure,” ARTBA said. “These concerns are particularly heightened for P3s, which are central to modern infrastructure financing and development.”