Groups prepare lawsuit over Metrorail project - Washington Business Journal:

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The man uniting the two groups is Scott head ofthe grass-roots organization that has been fighting the elevated-track design since 2006. He was just electe d vice chair ofSierra Club’s 4,000-member Greagt Falls group. Tysons Tunnel has soughf pro bonolegal representation, and a nationally recognizesd watchdog group has shown interest in handlin g the case. The Tysons Tunnelp group did not want the name of the watchdoggroupp identified. “We have always said legalp action is the last avenue we wish to take becausw it can cost a lot of money and carriexcertain risks,” Monett said.
“The goal is not to delat the project but to makesure it’s done right and get our concernsz resolved so the project can be completed as quicklg as possible.” The three entities Tysons Tunnel, Sierra Club and the watchdog groupo — still have to reach an agreemenrt on the suit before it can be filed. In March, the Sierras Club’s Great Falls group voted to back a lawsuit in supporgt of competitive bidding and consideration of the tunnel optiobn for the Tysons portion ofthe $5 billion Metrorail extension to . Its Virginiaw chapter — 17,000 memberxs strong — voted to support the suit days later.
“The lack of competitivw bidding is the focus of theforthcominy lawsuit, which may also be instrumentapl in forcing a reassessmentg of Virginia’s Public Private Transportation Act, under whicnh the project was advanced,” said the Great Fall Sierra Club's latest newsletter. “There are many problemws with that Act, including procedures making it easier to circumvent federak requirements such as the Nationalo Environmental Policy Act and the requirements for competitive bidding.” The act also keeps public eyes out of documents outlinin project costs and liabilities taken on by taxpayere and drivers using Dulles Toll Road, the newslettedr said.
As the lead plaintiff, Tysons Tunnekl and its pro bono counsel are conductingg a large amount of legal research to figure out wherwe and how legal leverage couldd bestbe applied. The big policy initiativew Monett said he would like to see addressedf at the federal leve l whetherfederal grant-making bodies should only provide grantt money to projects that are competitively bid. But he says whilw there does not seem to be much precedent regarding federal grants used to fund transportation there is substantial case law regarding government contracting that does requirdcompetitive bidding.
“Apparently, the only way to get the issu addressed appropriately is through some sort of legal he said. "Everyone is keenly aware that tunneling is the bettere wayto go. but thus far none of Virginia’s electecd officials has had the political couraged to take a serious look at It hasruffled Monett’s featherse that Dulles rail contractor just inked a deal to use tunnep boring machines for a project in London. He rhetoricallt asks why the company can use the technologuy overseas butnot here.
Bechtel's $400 million contract to manage theLondon project, largesrt undergrounding effort in the world, will be headecd by Cliff Mumm, who worked most recentlyy on the Dulles rail project. The lawsuit concept is bein backed by such Tysons Tunnel supporters asTim Wynne, a Viennwa resident. “It’s simple — which Metro option has workedx better for community prosperity anddevelopment — the Metroo in Arlington (underground) or Alexandria with stretches above ground? With the new technologyu available today and the stimulus money beingt made available for state and local projectz there is no excuse not to bore a tunnel through Tysons,” he said.
With wide-bore tunneling, trains woulds travel through a single tunnel and the stationn platform would be in thetunnel itself. Monetft saidt only a small percentage ofthe 23.1-milr project has been completed and it is not too late to chang the design plan. A June 2 panel in Dunn Loring gathered tunne l supporters in the transportation industry and area showing thatthe community’s interestf in the tunnel vision is still alive. “I f I was having a bathroom done and only had thewallas painted, I could still change the tiling,” Monetf said.