Chevy Chase lawsuit on hold
FTA not expected to rule on Purple Line project for two years
A possible Town of Chevy Chase lawsuit to stop Purple Line light rail is on hold for now.
The town won't have to decide whether to file suit to try to stop the project for at least a year or two, according to Town Councilwoman Pat Burda. That's because no decision on the project's environmental impact is expected from the Federal Transit Administration for at least that amount of time.
Town officials previously thought that the FTA could issue a decision on the Purple Line's environmental impact this fall, requiring a quick response from the town if it chose to file suit. The town held a public hearing in July to gather input from residents about such a lawsuit.
But the FTA's final environmental study is expected to take one to two years.
"Right now there are no litigation issues that we need to be considering," Burda told her colleagues at a town meeting on Sept. 9.
Paul Griffo, a spokesman for the FTA, would not confirm the timeline Burda discussed, and the FTA's Gail McFadden-Roberts said there is no firm date for when the FTA would decide if the project itself can proceed. Like Burda, Purple Line project manager Mike Madden said he thought the FTA's environmental study would take about two years.
A successful lawsuit would require the Maryland Transit Administration to perform a new study of the Purple Line. None of the council members ruled out a lawsuit as a possibility.
The Purple Line is a 16-mile light rail project that would connect downtown Bethesda to New Carrollton in Prince George's County via Silver Spring. Gov. Martin O'Malley (D) chose the light rail as the state's preferred alternative on Aug. 4. A portion of the rail runs along the Capital Crescent Trail adjacent to the town, which has argued that the project will not effectively relieve traffic congestion and will damage the trail.
Council members did discuss the possibility of retaining a law firm to answer legal questions the town may have while the FTA studies the project. No decision was made about this issue, however, and Burda said she did not yet know the costs of retaining a law firm in such a situation.
A consultant on possible mitigation measures may also be hired by the town should the light rail be built. In its fiscal 2010 budget, the town has only $14,000 set aside for Sam Schwartz Engineering, its current Purple Line consultants. In the past, Sam Schwartz prepared studies for the town proposing a rapid bus system on Jones Bridge Road instead of light rail. So far, the town has paid Sam Schwartz $430,000.
Burda indicated that the firm may be hired for this new consulting role as well.
In addition the council proposed a mitigation committee for the Purple Line consisting of town residents. The committee would work with town and state transportation officials to look at the best ways to mitigate the project's impact on the community. It would examine tree removal, sound barriers, safety and other issues.
While the town has not changed its strong opposition to light rail, according to comments last month from Mayor Kathy Strom, it plans to discuss ways to lessen the project's impact with the Maryland Transit Administration.
Council members agreed that the committee should be made up of residents living in different parts of town with various views on the project.
"We don't want this to be another venue for fighting about the Purple Line," Councilman David Lublin said