Arlington County officials and local lawmakers are celebrating VDOT’s decision to scrap its plan to build High Occupancy Toll lanes on the Arlington and Alexandria portion of I-395.

Here’s the county’s official press release:

ARLINGTON, Va. – Arlington County Board Chairman Christopher Zimmerman today welcomed VDOT”s announcement that it is pursuing a new, more limited High Occupancy Toll (HOT) Lanes project on I-95 that will undergo an in-depth environmental analysis.

“The state is now doing, for this new project, what Arlington asked it to do for the I-95/395 project,” said Arlington County Board Chairman Christopher Zimmerman. “The County’s goals have always been to protect transit and High Occupancy Vehicle (HOV) travel in the corridor and to preserve Arlington neighborhoods.”

VDOT’s new project appears to preserve I-395 as an HOV/transit corridor. Questions remain, however, about the impacts of this new project on transit and HOV south of the Beltway. The County trusts that the environmental assessment to which VDOT is now committed to performing will address those concerns.

Arlington is also pleased to see that the state is addressing transportation problems at the Mark Center in Alexandria and the Engineering Proving Grounds in Fairfax County arising from BRAC decisions. These issues were not addressed in VDOT’s original HOT Lanes project. Arlington welcomes the opportunity to examine the HOV/transit connection to the Mark Center that VDOT now says it will construct in addition to the redesigned HOT Lanes project.

Arlington is still reviewing VDOT’s new project and assessing its impact on Arlington’s litigation against the state and federal governments. A key question for Arlington is the status of the Categorical Exclusion granted by the federal government for the original project. In light of VDOT’s decision to proceed with an Environmental Assessment of the new project, it would appear to be appropriate for the Categorical Exclusion to be rescinded by the federal government, or withdrawn by VDOT. Resolution of this issue remains a key factor in Arlington’s decision-making on the litigation.

Arlington remains committed to doing what it has always done – working to protect transit, ensure the ability to efficiently move people and safeguard Arlington neighborhoods. Arlington will continue to work together with neighboring jurisdictions and the state to address the urgent transportation needs of Northern Virginia.

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(Updated at 10:35 a.m.) Arlington County has emerged victorious from its $1.5 million legal battle with the state over the plan to build High Occupancy Toll lanes on I-395.

Virginia Transportation Secretary Sean Connaughton announced today that the state is no longer pursuing its I-395 HOT lanes plan, which the county blocked by filing suit in 2009. VDOT is also canceling plans to upgrade the Shirlington and Eads Street interchanges.

Just hours before the project’s demise was first revealed by the Washington Post, County Board Chairman Chris Zimmerman sent a five-page letter to two top Virginia lawmakers further explaining Arlington’s effort to block the HOT lanes project.

Zimmerman questioned the wisdom of handing the state’s existing HOV lanes over to a foreign company for decades while getting what he described as relatively little in return. Zimmerman argued that the I-395 HOT lanes plan was poorly-designed, could exacerbate traffic congestion and could cause “great harm to the people that we and you represent in Northern Virginia.”

Addressing the lawsuit’s critics, Zimmerman wrote that “carrying on overheated diatribes through the news media is not conductive to conciliation.” He disputed the oft-repeated charge regarding the lawsuit’s insistence that minority populations would be adversely affected by HOT lanes, saying that “Arlington has never called anyone racist.”

Per the charge that Arlington was acting unscrupulously by suing two government officials in their personal capacity, Zimmerman noted that the officials “are of course provided legal representation through government general liability coverage.”

Even though Arlington’s HOT lanes fight is likely coming to a close, the lawsuit may continue to cost the county in the form of ill will in Richmond. As we previously reported, one Fairfax County lawmaker has effectively killed a bill that would renew Arlington’s hotel tax surcharge, which provides about $1 million per year for tourism promotion. Del. Tim Hugo (R) cited the costly HOT lanes suit as evidence that Arlington didn’t need the extra tax revenues.


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Transportation Group Calls Out Arlington — The pro-HOT lanes Northern Virginia Transportation Alliance is taking a dig at the county in response to our article about the anti-Arlington budget amendments proposed by Fairfax Republican Del. Tim Hugo. Says the NVTA: “It is unfortunate that the Arlington Board’s actions could cause Arlington citizens and businesses to lose state revenue and potentially pay even higher taxes. However… Bad Decisions Can Have Bad Consequences.” [NVTA]


The Fairfax Republican who is threatening to quash a bill identified as one of Arlington’s top legislative priorities in Richmond has proposed several amendments to this year’s state budget bill that are sure to give Arlington officials reason to worry.

Del. Tim Hugo, the chair of the Virginia House Republican Caucus, is threatening to table a bill that would renew Arlington’s half-percent hotel tax surcharge, unless Arlington officials head to Richmond to explain the county’s controversial lawsuit against High Occupancy Toll lanes on I-395. So far, it does not appear that any members of the county board will be taking Hugo up on his offer.

But Hugo’s HOT lanes antagonism doesn’t stop there. He’s also proposing three Arlington-related amendments to the state budget bill, HB 1500. The amendments would deny state funding to the Columbia Pike streetcar project, require an audit of Arlington roads maintained with state funds, and would potentially cut off millions in state transportation funds to the region in the event that the HOT lanes project is canceled due to opposition from an individual jurisdiction (i.e. Arlington).

Would those amendments actually make it into the budget bill?

“It’s possible,” said Ben Tribbett, who runs the Not Larry Sabato Virginia politics blog, noting Hugo’s senior position as Republican Caucus chair. We have not been able to reach Del. Hugo for comment.

See the text of the amendments after the jump.

Photo via timhugo.com

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(Updated at 4:35 p.m.) Arlington’s legislative agenda is in danger as the county faces a backlash in Richmond over its controversial HOT lanes lawsuit.

The lawsuit, which has thus far cost the county about $1.5 million in legal fees, was filed in order to block VDOT’s plan to build High Occupancy Toll lanes on I-395. The suit has been ruffling feathers in Richmond ever since, but on Wednesday it came back to bite the county on a key legislative priority.

Del. Tim Hugo (R) of Fairfax County used his chairmanship of a House finance subcommittee to delay action on HB 1513, Del. Bob Brink’s bill that would extend Arlington’s 0.25 percent hotel tax surcharge for another three years.

The surcharge brings in between $800,000 and $1 million each year, which is then used as the county’s tourism promotion budget. But, in a bit of political theater, Hugo had a question waiting for Brink once he explained how much revenue the surcharge brings in.

Why, he asked, can’t the county use the money it has been spending on the lawsuit to promote tourism?

“If they’ve got so much money for silly, abusive, intimidating, frivolous lawsuits like this, then they obviously have plenty of cash in Arlington and don’t need this tax reauthorized,” Hugo said.

Hugo said he objected to the suit generally as a supporter of the HOT lanes project, but he objects specifically to the fact that the county is suing two officials — Federal Highway Administration Administrator Victor Mendez and former Virginia Transportation Secretary Pierce Homer — in their personal capacity, instead of in their professional capacity.

“It’s incredibly wrong… it’s abusive, it’s intimidation,” said Hugo, who noted that he’s “sticking up” for Homer, a Democrat.

Hugo said he “would like to hear from Arlington personally” about the suit. As for the bill, Hugo said he wanted to table it — essentially killing it — but instead decided to wait to see if he hears back from county officials.

The bill “may or may not come up in a week or two,” he said.

Arlington Chamber of Commerce President Rich Doud, who was at the subcommittee meeting to support the bill on behalf of Arlington’s hotels, said Hugo’s action was indicative of the difficult political climate for Democrat-heavy Arlington in Republican-dominated Richmond.

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Chamber Questions HOT Lanes Lawsuit — The Arlington Chamber of Commerce says ending the county’s lawsuit against the I-395 HOT lanes project is one of its public policy priorities for 2011. “We find it kind of bizarre that the county has taken the actions that they have,” Chamber President Rich Doud told the Washington Examiner. “As far as I can tell, they don’t have many friends agreeing with them on this from outside Arlington, and I guess counting us, not many friends inside Arlington, either.”

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Libraries Dominate County Manager Online Q&A — What’s on the mind of web-savvy Arlington residents these days? If Friday’s online community chat with County Manager Barbara Donnellan is any indication, they’re quite focused on libraries. Of the 14 questions asked during the question and answer session, six were about Arlington’s libraries. See a transcript here.


Virginia’s transportation chief is gently nudging the federal government for road money while tweaking Arlington’s HOT Lanes lawsuit.

In an interview with WTOP, Transportation Secretary Sean Connaughton said that the planned shift of 6,400 Department of Defense jobs to Alexandria’s Mark Center is turning I-395 into a “military corridor.” He quickly added that the state does not have money for any major improvements to the highway, despite dire predictions of heavy congestion as a result of the Mark Center move.

Connaughton did, however, think of one possible way to relieve the congestion. He said a ramp to the center would be built as a result of the I-395 HOT Lanes project. A lawsuit filed by Arlington County is currently preventing the project from moving forward.


Backups on I-395 caused by 4/1/10 crashA day after two Virginia legislative leaders — a Democrat and a Republican — sent a letter blasting Arlington’s expensive lawsuit against the planned I-395 HOT lanes project, three members of the Arlington delegation to Richmond have sent a reply.

In subdued, measured language, the letter states support for “properly designed and managed HOT lanes,” but urges the state to “come to the table and negotiate in good faith.” The letter cites “legitimate environmental impact concerns” and “technical issues that must be resolved if the project is to achieve its goal of moving people through the corridor efficiently” as justification for the county’s resistance to the project.

Noticeably absent from the letter is any defense of the lawsuit’s “outrageous claims of conspiracy and racism” that the original letter — sent by Republican House Speaker Bill Howell and Democratic Senate President Pro-Tempore Chuck Colgan — railed against.

The Arlington delegation — Sen. Mary Margaret Whipple, Del. Bob Brink, and Del. Patrick Hope — also avoided reference to the controversial decision to sue four state and federal transportation officials in their personal capacity as part of the lawsuit, which Howell and Colan called a “moral error.”

“We are confident that the Board is not pursuing litigation for its own sake,” the Arlington lawmakers wrote. “We hope that you will use your good offices to urge the Governor and VDOT to come to the table and negotiate in good faith; we will do the same on the local level.”

See the full letter here.


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Bipartisan Letter Urges Arlington to Drop HOT Lane Lawsuit — The pressure continues to build on Arlington to drop its lawsuit against high occupancy toll lanes on I-395. Virginia House Speaker Bill Howell, a Republican, and Senate President Pro-Tempore Chuck Colgan, a Democrat, jointly signed a letter urging the Arlington County Board “to renounce the outrageous claims of conspiracy and racism in its lawsuit against the I-95/I-395 HOT Lanes.” More from the Washington Post.

Flickr pool photo by Alykat


Examiner Keeps Blasting Arlington on HOT Lanes — Arlington’s million dollar HOT lane lawsuit continues to cause blood to boil at the Washington Examiner. This time, the Examiner hammers away at county board member Chris Zimmerman for his role on the National Capital Region Transportation Planning Board. Zimmerman is up for reelection this year, of course. More from the Washington Examiner.

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Flickr pool photo by BrianMKA


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