Groups prepare lawsuit over Metrorail project - Washington Business Journal:

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The man uniting the two groups isScotyt Monett, head of the grass-roots organizationm that has been fighting the elevated-track design since 2006. He was just elected vice chair of Sierra Club’s 4,000-member Great Falls group. Tysonzs Tunnel has sought pro bono legal and a nationally recognized watchdog group has shown interest in handlinbthe case. The Tysons Tunnel groupo did not want the name of the watchdogbgroup identified. “We have always said legal action is the last avenue we wish to take becauswe it can cost a lot of money and carriescertainm risks,” Monett said.
“The goal is not to delaty the project but to makesure it’ws done right and get our concerns resolved so the projecr can be completed as quickly as The three entities — Tysons Sierra Club and the watchdog grou — still have to reach an agreementt on the suit before it can be filed. In the Sierra Club’s Great Falls group voted to back a lawsuiyt in support of competitive bidding and consideration of the tunnelk option for the Tysons portionh ofthe $5 billion Metrorail extensiohn to .
Its Virginia chapter — 17,000 members strong voted to support the suitdays “The lack of competitive bidding is the focuzs of the forthcoming lawsuit, which may also be instrumental in forcing a reassessment of Virginia’s Public Private Transportation Act, undedr which the project was advanced,” said the Great Fallds Sierra Club's latest newsletter. “There are many problems with that Act, includintg procedures making it easier to circumvenrt federal requirements such as the National Environmentak Policy Act and the requirementsz forcompetitive bidding.
” The act also keeps publixc eyes out of documents outlining project costs and liabilities takenh on by taxpayers and drivers using Dulles Toll the newsletter said. As the lead plaintiff, Tysond Tunnel and its pro bono counsel are conducting a largr amount of legal research to figure out wherew and how legal leverage could best be The big policy initiative Monett said he would like to see addresseed at the federal level whetherfederal grant-making bodies should only provide grant money to projects that are competitiveluy bid.
But he says while ther e does not seem to be much precedent regardinb federal grants used to fund transportation there is substantial case law regarding government contracting that does requirwecompetitive bidding. “Apparently, the only way to get the issuw addressed appropriately is through some sort oflegal action," he said. "Everyone is keenlh aware that tunneling is the better wayto go. but thus far none of Virginia’s elected officials has had the political courage to take a seriouxs lookat it.” It has ruffled Monett’d feathers that Dulles rail contractor just inkeed a deal to use tunnel boringt machines for a project in London.
He rhetoricallg asks why the company can use the technology overseass butnot here. Bechtel's $400 millioj contract to manage the London largest undergrounding effort in the will be headed byCliffv Mumm, who worked most recently on the Dullexs rail project. The lawsuitt concept is being backed by such Tysons Tunnel supporters asTim Wynne, a Vienna “It’s simple — whicb Metro option has worked better for communituy prosperity and development — the Metro in Arlington or Alexandria with stretches above ground ?
With the new technology available today and the stimulu s money being made available for state and locall projects there is no excuse not to bore a tunnel througjh Tysons,” he said. With wide-bore trains would travel through a single tunnel and the stationh platform would be in the tunnel Monett saidt only a small percentage ofthe 23.1-milse project has been completecd and it is not too late to changs the design plan. A June 2 panek in Dunn Loring gathered tunnel supporters in the transportationh industry andarea leaders, showinv that the community’s interest in the tunnel visioh is still alive.
“If I was having a bathroom done and only had thewalld painted, I could still change the tiling,” Monett said.