TxDOT faces lawsuit, civil rights complaint over plans to widen I-35 through Central Austin

Chase Rogers, Austin American-Statesman
Save Our Springs Alliance attorney Bobby Levinski speaks at Rethink35's news conference Monday outside the Texas Department of Transportation headquarters in downtown Austin. Rethink35 has filed a lawsuit against TxDOT over its plans to widen eight miles of Interstate 35. The coalition has also filed a civil rights complaint with the federal government asking for intervention.

Texas highway officials planning to widen Interstate 35 through Central Austin, where construction is slated to begin later this year, face a new legal challenge from opponents concerned about possible environmental and public health effects.

In a lawsuit filed Friday, the 15 plaintiffs — a group of organizations and neighborhood associations and a former state lawmaker — are asking a judge to rule that the state's plans violate federal laws outlining how environmental impacts are considered and to require the Texas Department of Transportation to halt any further development of the $4.5 billion project.

The lawsuit raises concerns about the project's possible effects on Austin's traditionally economically disadvantaged and nonwhite neighborhoods, particularly in East Austin. Further expansion of I-35 builds on the highway's past as a dividing line used to further racist policies that were harmful to minorities in the decades since it was built, the lawsuit claims.

“Thousands of residents, local businesses, and organizations, along with many elected officials, expressed their deep concerns to TxDOT about its plans to widen I-35,” Adam Greenfield, board president for Rethink35, a group opposing the project, said in a statement announcing the filing. “TxDOT ignored those concerns, giving us no choice but to find remedy in court."

Chas Moore of Austin Justice Coalition holds a sign in support of Rethink35 during the news conference.
Chas Moore of Austin Justice Coalition holds a sign in support of Rethink35 during the news conference.

Nearly two dozen members stood on the front steps of TxDOT's downtown Austin headquarters on East 11th Street as part of a news conference Monday morning announcing the lawsuit. Some participants held signs saying, "Wider won't work," "A highway to climate disaster" and "More lanes = more traffic."

Whether, and to what degree, the lawsuit could affect the project remains to be seen. In a statement Saturday, TxDOT Executive Director Marc Williams said the agency would "vigorously defend" the project, which has been decades in the making, and the process that informed it.

“We have carefully followed and even exceeded the environmental and legal requirements to advance this project. We don’t believe that the actions of these opponents have merit," Williams said. "TxDOT intends to continue to press forward to deliver the I-35 Capital Express Central project.”

The current plan TxDOT aims to implement is the result of a "painstaking effort to reduce adverse impacts," Williams said. Growth projected in the coming decades in the Austin area makes timely improvements to I-35 critical, he added.

The project, called I-35 Capital Express Central, would run about 8 miles from the interstate's north intersection with U.S. 290 down to where Texas 71 crosses I-35 in South Austin — one of the state's most congested stretches of highway. Four new "managed lanes" would be added in each direction for vehicles carrying two or more passengers, first responders and Capital Metro buses through this stretch. The highway's upper decks near downtown, installed in 1975, would be demolished.

Last fall, officials said TxDOT would begin soliciting bids ahead of the start of construction in mid-2024. TxDOT officials expect construction to last a decade.

Nearly two dozen people stood on the front steps of TxDOT's headquarters for the news conference. Some held signs saying, "Wider won't work," "A highway to climate disaster" and "More lanes = more traffic."
Nearly two dozen people stood on the front steps of TxDOT's headquarters for the news conference. Some held signs saying, "Wider won't work," "A highway to climate disaster" and "More lanes = more traffic."

What are they suing over?

The 37-page complaint, filed in U.S. District Court for the Southern District of Texas, centers on TxDOT's final environmental analysis unveiled last fall, its plans to use a 1.2-acre section of Waller Beach Park as a staging area, and possible effects on water and air quality.

In addition, TxDOT did not sufficiently evaluate alternatives when considering proposals to expand the highway, the lawsuit claims. Under an agreement with the Federal Highway Administration, TxDOT can self-approve its environmental reviews if it shows officials followed national rules.

Rethink35 has taken TxDOT to court before. Last year, the group sued the state agency over its decision to segment the highway expansion into three parts: north, central and south. Breaking up the project wrongly eased the legal and environmental requirements for TxDOT, the lawsuit claimed. (TxDOT denied this, according to court records.)

The project, called I-35 Capital Express Central, would run about 8 miles from the interstate's north intersection with U.S. 290 down to where Texas 71 crosses I-35 in South Austin — one of the state's most congested stretches of highway.
The project, called I-35 Capital Express Central, would run about 8 miles from the interstate's north intersection with U.S. 290 down to where Texas 71 crosses I-35 in South Austin — one of the state's most congested stretches of highway.

As a result of financial shortcomings, Rethink35 rescinded the lawsuit in June.

"We cannot afford to fight multiple legal battles at once," Greenfield said Monday. "We would love to sue TxDOT in court over all segments of the project. They're wrong to widen the whole stretch of I-35, but we're choosing our battles."

Greenfield said the latest lawsuit will be expensive but did not provide an estimated cost. By Monday, after kicking off a fundraiser last week, the group had raised more than $10,000 to cover legal costs. The stated goal is $20,000.

Plaintiffs in the latest lawsuit are Rethink35, the Save Our Springs Alliance, Austin Justice Coalition, People Organized in Defense of Earth and Her Resources, former state lawmaker and candidate for Travis County tax assessor-collector Celia Israel, Sunrise Movement Austin, the Parents’ Climate Community, Environment Texas, TexPIRG and a number of neighborhood associations.

Attorneys for the SOS Alliance are representing the plaintiffs. In addition, the groups retained Greenfire Law, a California-based firm specializing in environmental issues.

Group simultaneously submits a civil rights complaint

In addition to the lawsuit, the groups submitted a civil rights complaint to the U.S. Department of Transportation and the Federal Highway Administration, accusing TxDOT of violating Title VI of the Civil Rights Act of 1964, with which TxDOT must comply to receive federal funding.

In a 36-page letter, the groups outlined the history of I-35 and asserted that TxDOT's expansion, as proposed, would represent a knowing act of discrimination against Black and Latino residents in Austin. The letter calls for an investigation into whether TxDOT's plans comply with Title VI.

"The expansion will exacerbate decades of racial discrimination and segregation in East Austin and directly displace many residential, commercial, and community facilities, including those that are predominately used by or provide services specifically to Black and Native American communities," the letter says.

TxDOT must next decide on whether to move forward. The department's public affairs team did not immediately respond to questions about the complaint Monday.

This article originally appeared on Austin American-Statesman: New lawsuit seeks to halt TxDOT plans to widen I-35 in Austin

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