Richmond Hammers on Arlington HOT Lanes Lawsuit

Posted on January 28, 2011 by Timothy R. Hughes

HammerArlington County has been widely criticized for its aggressive lawsuit over the proposed Interstate 395 HOT lanes expansion, which includes allegations that individual state and federal officials committed civil rights violations in approving the project. In a time of significant economic troubles and governmental budget challenges, the county has reportedly paid over $1 million in legal fees advancing this case.

The county may now be reaping an ugly harvest from the negativity it is sowing. Arlington County, with the support of the business community and in particular the Arlington Chamber of Commerce, is currently seeking renewal of a transient occupancy tax that charges Arlington hotel guests and uses those funds directly to promote tourism. In a hearing on the bill in front of the General Assembly’s House Committee on Finance chaired by Del. Timothy Hugo, R- Fairfax.

Del. Hugo reportedly punted on action on the bill until a representative of Arlington County would appear and defend the County’s action on the HOT lanes lawsuit.

The Washington Post quoted Del. Hugo yesterday as saying, "If they have so much money to spend on frivolous, intimidating, abusive lawsuits on private individuals," then the tax is not needed. The Post indicates further that Del. Hugo filed three budget amendments prohibiting state funding for the Columbia Pike Streetcar produce, reducing Arlington transportation funding, and requiring an audit of Arlington’s road maintenance funding.

The Chamber and others have tried to get Arlington to drop this suit. I have previously been strongly critical of the Arlington lawsuit, especially the civil rights claim stating they should have avoided the suit “instead of further killing Arlington’s credibility in Richmond.” That appears to be exactly what has happened but the County does not seem to appreciate this prescience. This lawsuit, particularly the civil rights claims, needs to end. Still, picking this bill as the target for Richmond’s ire seems like misplaced aggression.

Reprinted with permission from the Washington Business Journal

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EPA Accepts Virginia's Plan for the Bay

Posted on January 7, 2011 by Timothy R. Hughes

Chesapeake Bay BridgeLast week EPA issued its "pollution diet" for the Chesapeake Bay. The total maximum daily load (TDML) of various materials is established by EPA in the diet and includes a 25% reduction in nitrogen, a 24% reduction in phosphorous, and a 20% reduction in sediment according to Engineering News Record (subscription only). The plan also includes annual total watershed limits.

This announcement was tied to EPA's express approval of Virginia's state Watershed Implementation Plan (WIP). A statement issued by Virginia Governor Bob McDonnell stated in part, "[T]he approved plan balances the important environmental protection concerns with the need to protect jobs in agriculture and farming. While we maintain our concern about aspects of the EPA watershed model and enforcement authority, as well as the significant additional public and private sector costs associated with plan implementation, we believe Virginia's plan will make a significant contribution to improving water quality in the Bay."

The efforts at EPA to regulate stormwater run-off from development has been a topic we have covered here previously. EPA regulatory junkies will already know that the agency announced in December its plans to move forward with standards regarding greenhouse gas emissions from fossil fuel power plans and petroleum refineries. Certain permitting requirements on stationary sources, in addition to GHG emission regulations of some vehicles, kicked in on January 2, 2011.

It is a tough balancing act between environmental regulation and the economy. The economic climate has battered the construction and development industry and while there are some modest signs of improvement, particularly locally, it is not a explosive market. Similarly, the Bay shows some signs of improvement according to the 2010 State of the Bay report issued by the Chesapeake Bay Foundation, but continues to by a "system dangerously out of balance". Hopefully we can manage the path between Scylla and Charybdis and get this right.

Reprinted with permission, originally published at the Washington Business Journal.

Image by ronzzo1

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