$5.6B Purple Line Needs On Hold, Needs More Study: Judge

WASHINGTON, DC — The embattled Purple Line commuter rail project to serve Montgomery and Prince George's counties has hit another delay, with Monday's ruling by a federal judge that the $5.6 billion project needs further study of Metro's dropping ridership numbers. The proposed line would run from Bethesda to New Carrollton if built, although supporters are worried that the move imperils federal money needed for the light rail line and the governor called the move "baffling" and "disappointing."

Last August the project halted after Judge Richard Leon of the U.S. District Court for the District of Columbia ruled for the Federal Transit Administration to perform additional studies on the project. His decision put $900 million in federal funding for the project on hold.

Leon ordered a more thorough look into Metro’s ridership and reliability, even as the year-long series of Surges was under way to repair WMATA tracks. In his 2016 ruling, the judge said he could not turn a blind eye to “seemingly endless Metrorail breakdowns and safety issues.” He said the FTA must review the potential effect of Metro’s issues on future Purple Line ridership.

This ruling could be the final blow to the Purple Line, warns the Greater Greater Washington organization, because without environmental approval by June 1, Maryland officials will have to stop planning and design work that is under way. The state also stands to lose $800 million, including $200 million to pay back the private firm building the line, for ending its contract early.

Judge Leon sided with the Friends of the Capital Crescent Trail and two other opponents of the rail line Monday, saying the FTA must take "a hard look" at Metro usage and what it could mean for the Purple Line. The government’s dismissive treatment of Metro’s potential impacts was “arbitrary and capricious,” he wrote, and agencies must update a ridership study “as expeditiously as possible.”

Gov. Larry Hogan said in a statement that the ruling "is incredibly disappointing, but not entirely surprising." He vowed to pursue any and all legal action to ensure that the Purple Line will move forward.

The time it took Judge Leon to decide that more study is needed is "completely baffling and, if allowed to stand, will cause irreparable harm to this vital project and cost the state hundreds of millions in taxpayer dollars," Hogan said. "Moreover, the judge’s concerns were thoroughly addressed by federal transit officials by studies already completed and in public testimony more than five months ago. Ultimately, this ruling completely ignores both federal and state transportation experts, as well as environmental advocates, who are strong proponents of the Purple Line."

Last month Hogan slammed Judge Leon for what the governor perceived as a conflict of interest on the issue since he lives in the Chevy Chase area. Leon belongs to Columbia Country Club, which had opposed the rail line until state officials changed the route to avoid cutting into the course reports The Washington Post reports.

Coalition for Smarter Growth Executive Director Stewart Schwartz said in a statement that Metro ridership will make up a limited percentage of Purple Line ridership.

"The Purple Line is a badly-needed east-west transit connection for access to jobs and revitalization, and significant ridership will be driven by that demand, as well as the revitalization inside the Beltway that the project will spur," Schwartz said. "We are also certain Metro ridership will recover as the system completes repairs and reforms. In an era of climate change, the most progressive transportation solution available is to build more transit.”

Prince George’s County Executive Rushern L. Baker III said he was disappointed in the delay.

"This decision has created yet another obstacle that will impede this vitally important project, designed to improve the travel of residents between the two most populous counties in Maryland," Baker said in a statement. "The Purple Line is intended to give county residents another transportation option, while creating economic opportunity as well as protecting the environment.”

President Donald Trump's team in January put together a list of 50 infrastructure projects, which was obtained by McClatchy, and it called for $5.6 billion to build the Purple Line. The line would provide a direct connection to Metrorail's green, orange and red lines through 21 stations, plus MARC, Amtrak and local bus service, according to the report posted by McClatchy.

Construction of the Purple Line has a price tag of $5.6 billion and would lead to 5,000 "direct job years," the report adds, noting that engineering is done, permitting is 95 percent complete and the funding would be a combination of public and private with a large public share.

Maryland is expected to pay about $3.3 billion of the Purple Line cost over three and a half decades, according to state officials.

To supplement state funding, more than $330 million in cash and contributions will come from Montgomery and Prince George’s counties: Montgomery pledged to pay $210 million, and Prince George’s County agreed to contribute $120 million to the project.

SEE ALSO:

• Purple Line Construction 'Going to Ruin Everything': Resident
• 'Now I Don't Have Anything': Purple Line Resident
• Purple Line: Rail Project Seen As Boon for Jobs, Setback for Some
• Business Down, Owners Stuck Waiting on Purple Line

Ground was scheduled to be broken for the rail route by the end of 2016, state leaders said, with plans for Purple Line service to begin in 2022.

The Coalition for Smarter Growth, which promotes walkable and transit-oriented communities in the Washington, D.C., region, called the judge’s decision an error that jeopardizes the project because it could mean higher construction costs that undo the financing.

Purple Line ridership forecasts are for 2040, said Stewart Schwartz, executive director of the Coalition for Smarter Growth, by which time the Metro system will have completed major rehabilitation. Population growth in the area will boost ridership "many years before 2040,” Schwartz said in a news release. “Yet it seems that the judge is presuming that Metrorail is in permanent and irreversible decline."

The environment will be improved by the Purple Line, he said, as it shifts traffic from cars to the less-polluting light rail system.

“Perhaps most unfortunate here, is that wealthy residents of one community continue to stand in the way of a transit project which would provide significant economic and social benefits to lower income residents in dozens of communities to the east,” Schwartz said.

The 16-mile Purple Line would run through Silver Spring and College Park and would include five stops on or near the University of Maryland’s campus that would be free for students.

Stations for the Purple Line LPA would be at these locations:

• Bethesda
• Connecticut Avenue
• Lyttonsville
• Woodside/16th Street
• Silver Spring Transit Center
• Silver Spring Library
• Dale Drive
• Manchester Place
• Long Branch
• Piney Branch Road
• Takoma/Langley Transit Center
• Riggs Road
• Adelphi Road/West Campus
• Campus Center
• East Campus
• College Park Metro
• M Square
• Riverdale Park
• Beacon Heights
• Annapolis Road/Glenridge
• New Carrollton

Purple Line map, rail car courtesy of Maryland Department of Transportation