PHTA, 2 Allied Groups, file lawsuit to save bike/ped on the Nice Bridge

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PRESS RELEASE EXCERPTS: The PHTA, Dahlgren Railroad Heritage Trail Association, and Oxon Hill Bicycle and Trail Club have filed a lawsuit in the United States District Court for the District of Maryland, asking for immediate temporary and permanent injunctive relief and a temporary restraining order to prevent MDTA from demolishing the Historic Nice Bridge until the MDTA and federal agencies demonstrate compliance with environmental laws, including the National Environmental Policy Act (“NEPA”). The MDTA's 2009 Environmental Assessment, the 2012 Final 4(f) Evaluation, and Governor Hogan's 2016 press release, all promised that the new Nice bridge would include a barrier-separated path for bicycles and pedestrians. The provision of a protected bicycle and pedestrian path on the new bridge was used to justify the demolition of the Historic Nice Bridge.

Instead, in 2019, and contrary to the project that was actually studied and selected in 2012, MDTA unilaterally removed the separated path from the new bridge plan while simultaneously reducing the travel lane shoulder widths from twelve feet to two feet. MDTA suggested that people using bicycles could mix with traffic on the new bridge. The Nice Bridge carries US-301 over the Potomac River and has a posted speed limit of 55 mph. 14% of the traffic volume, approximately one in seven vehicles, consists of heavy trucks. MDTA’s proposed “solution” is dangerous and unsafe and is, effectively, a ban on people using bicycles to cross the river. MDTA’s “solution” bans pedestrians completely. In spite of these concerns, MDTA has chosen to move forward with demolition of the Historic Nice Bridge and in fact claims it has already started demolition even while the existing bridge is still being used by the public….

In addition to the above violations of various environmental laws and regulations, MDTA is now considering, and actively pursuing, the use of explosive demolition to remove portions of the Historic Nice Bridge. This is a significant change in the manner in which the original demolition was considered in the environmental documents and raises additional concerns with regard to the impact on known endangered species occupying the Potomac River, including short-nosed sturgeon among others. The court is requested to order MDTA to cease all demolition efforts until appropriate studies are completed to reflect the actual construction and demolition plans.

David Brickley, president of the Dahlgren Railroad Heritage Trail Association observed: "In this age it is inconceivable that a major new bridge traversing two states crossing the Potomac River would not have bicycle and pedestrian facilities; especially since the bridge will be used for a century. That lack of foresight can be solved by converting the Historic Nice Bridge into a world-class walking and bicycling attraction." As a past member of the Virginia House of Delegates, Brickley sponsored the legislation for Virginia’s ratification of the Interstate Compact for the construction of the Woodrow Wilson Bridge, which includes a barrier-separated bike/pedestrian path that is used by 275,000 people each year.

William Niedringhaus, President of the Potomac Heritage Trail Association: "Maryland's gubernatorial candidates from both parties joined Maryland's Senators and Congressman Steny Hoyer, to request that the old bridge not be demolished until a credible, independent study is conducted to evaluate the costs and benefits of repurposing the old bridge. MDTA's decision to ignore this request, forcing bikes into high-speed traffic while banning walkers, and doing this as quickly as possible (at an estimated $17 million cost) represents an unseemly combination of recklessness, cynicism, and pettiness." Mr. Niedringhaus added “What is the point of environmental review laws if a State can demonstrate compliance on paper using one project but then build something entirely different.”

Plaintiffs’ counsel is Thomas K. Prevas of Saul Ewing LLP. Mr. Prevas is a leading environmental litigator in Maryland and adjunct professor of environmental law at the University of Maryland Francis King Carey School of Law..

Contacts:

Eric Brenner, 410-349-6316 ericlewisbrenner@gmail.com

David Brickley, 703-628-5007 brickleylaw@comcast.net