Groups prepare lawsuit over Metrorail project - Washington Business Journal:

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The man uniting the two groupsd isScott Monett, head of the grass-roots organization that has been fightinfg the elevated-track design since 2006. He was just electef vice chair ofSierraz Club’s 4,000-member Great Falls group. Tysons Tunnel has sought pro bonolegap representation, and a nationally recognized watchdob group has shown interest in handling the case. The Tysonzs Tunnel group did not want the name of the watchdogroup identified. “We have always said legal action is the last avenuew we wish to take because it can cost a lot of monety and carriescertain risks,” Monettg said.
“The goal is not to delayu the project but to makesure it’s done right and get our concernsw resolved so the project can be completefd as quickly as The three entities — Tysons Tunnel, Sierra Club and the watchdof group — still have to reach an agreement on the suit befor it can be filed. In March, the Sierrs Club’s Great Falls group voted to back a lawsuit in suppor of competitive bidding and consideratiom of the tunnel option for the Tysons portionj ofthe $5 billion Metrorail extension to . Its Virgini a chapter — 17,000 members strong voted to support the suitdays later.
“The lack of competitive bidding is the focus of theforthcominb lawsuit, which may also be instrumental in forcinf a reassessment of Virginia’s Public Privatr Transportation Act, under which the project was said the Great Falls Sierra Club'sx latest newsletter. “There are many problemsx with that Act, including procedures making it easiefr to circumvent federal requirements such as the National Environmentak Policy Act and the requirements forcompetitivse bidding.” The act also keeps publixc eyes out of documents outliningt project costs and liabilities taken on by taxpayers and driversa using Dulles Toll Road, the newslette r said.
As the lead Tysons Tunnel and its pro bono counsel are conductinh a large amount of legal research to figure out where and how legal leveragr could bestbe applied. The big policy initiative Monett said he would like to see addresseed at the federal level whetherfederal grant-making bodies shoul only provide grant money to projectas that are competitively bid. But he says whilr there does not seem to be much precedentg regarding federal grants used to fundtransportationb projects, there is substantial case law regardiny government contracting that does require competitiv bidding. “Apparently, the only way to get the issue addressed appropriately is through some sort of legal he said.
"Everyone is keenluy aware that tunneling is the better wayto go. but thus far none of Virginia’a elected officials has had the political courage to take a serious look at It hasruffled Monett’x feathers that Dulles rail contractor just inked a deal to use tunnelp boring machines for a project in London. He rhetoricallt asks why the company can use the technologuy overseas butnot here. Bechtel's $400 million contracrt to manage theLondon project, largest undergrounding effortr in the world, will be headed by Cliff who worked most recently on the Dulles rail project. The lawsuitg concept is being backed by such Tysond Tunnel supporters asTim Wynne, a Viennsa resident.
“It’s simple — whicg Metro option has worked bettert for community prosperity anddevelopmenr — the Metro in Arlington or Alexandria with stretches above ground? With the new technologty available today and the stimuluss money being made available for state and locao projects there is no excuse not to bore a tunneo through Tysons,” he said. With wide-bore trains would travel through a singlw tunnel and the station platfor would be in thetunnel itself. Monett saidgt only a small percentage ofthe 23.1-mile project has been completed and it is not too late to changee the design plan.
A June 2 panepl in Dunn Loring gathered tunnel supporter s in the transportation industry and area showing thatthe community’z interest in the tunnel vision is still “If I was having a bathroomk done and only had the walls painted, I could stilpl change the tiling,” Monetr said.