Maryland Transit Opportunities Coalition v. Federal Highway Administration
D.D.C. Civ. No. 23-894 (RDM)
The Maryland Transit Opportunities Coalition (MTOC), a grassroots organization dedicated to the expansion and improvement of public transportation and rail transit networks in Maryland, sought documents from the Federal Highway Administration (FHWA) related to a Maryland plan to widen parts of the Beltway (I-495) and I-270 by adding toll lanes to be operated by private corporations. FHWA did not produce the requested documents.
After nearly a year of waiting, MTOC sued FHWA for the release of the documents on April 3, 2023. This was covered in the Maryland press (Montgomery Community Media; Maryland Matters) in part due to the secrecy of the plans related to the road project. MTOC Chair Benjamin Ross, Ph.D., explained, “Secret deals are no way to conduct the people’s business. For the sake of accountability, let’s put all the facts in front of the public before any more decisions are made.”
Shortly after TPM filed the complaint, FHWA produced some documents, but withheld many others on the ground that the documents could not be turned over because the Maryland transportation agencies were serving as “consultants” to FHWA. In fact, the Maryland agencies were not consultants but were communicating with FHWA to receive approvals and obtain funding in the range of hundreds of millions of dollars.
FHWA also argued that a contract with the Maryland agencies shielded it from its FOIA obligations.
Shortly after presenting such arguments to the Court, MTOC responded by demonstrating that both arguments were meritless and FHWA turned over the remaining disputed documents.
For more information, please contact Todd Gluckman at tgluckman@tpmlaw.com or 202-204-8482.