TPM Files FOIA Action for the Maryland Transit Opportunities Coalition to Obtain Access to Unreleased Documents Regarding I-495 and I-270 Toll Lanes

Nearly one year ago, the Maryland Transit Opportunities Coalition (MTOC) sought procurement and planning documents from the Federal Highway Administration (FHWA) related to a major planned toll lane project for I-495 & I-270 in Maryland and the American Legion Bridge between Maryland and Virginia.  FHWA has failed to produce the requested documents for almost a year despite a 20-day time limit.  On April 3, 2023, Terris, Pravlik & Millian, LLP (TPM) sued for the release of the documents (Maryland Transit Opportunities Coalition v. Federal Highway Administration (D.D.C. Civ. No. 23-894 (RDM)).  Click here for the Complaint.  On April 3, 2023, MTOC described the importance of these documents as follows:

“The toll lane scheme was plagued with secrecy from the beginning,” MTOC chair Ben Ross said.  “Whatever happens next on the American Legion Bridge, full disclosure of the backroom deals that brought us to this point is essential to protect the public interest.”

A critical piece of the lawsuit is the mysterious “Capital Beltway Accord” between Maryland and Virginia.  Former governors Larry Hogan and Ralph Northam held an elaborate signing ceremony in November 2019, but the text of the deal was never made public.  It emerged later that the two states were still working out the details, and no final agreement had been signed.

In April 2022, Maryland officials admitted that there was a “draft agreement, drafted term sheet and two bi-state cooperation letters” but refused to release them.  MTOC then submitted its FOIA request for these and other toll lane documents to FHWA.  Eleven months later, the Federal agency has yet to respond.  Under FOIA, a response is supposed to be issued within 20 days and documents released promptly after.

“Secret deals are no way to conduct the people’s business,” Ross said.  “For the sake of accountability, let's put all the facts in front of the public before any more decisions are made.”

On April 3, 2023, Montgomery Community Media covered the case (“Transit Coalition Sues Federal Highway Administration for Road Widening Documents,” available here).  On April 13, 2023, Maryland Matters covered the case as well (“Transit group asks federal judge to compel release of toll lane proposal documents,” available here).

Shortly after the complaint was filed, on April 14, 2023, the Maryland Transit Opportunities Coalition received a partial response to the FOIA request producing some of the documents and withholding others.  The Maryland Transit Opportunities Coalition is reviewing the FOIA response to determine its adequacy. 

If you have any questions about the case, please call Daniel Franz at 202-204-8473.