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Editor’s note: This story was originally published at 6:05 p.m. on Aug. 21. It was updated at 12:06 p.m. on Aug. 22 to clarify the estimated cost of the Hogan administration’s plan.

Gov. Wes Moore (D) on Monday announced a plan to address congestion along Interstate 495 and I-270 in Maryland by seeking federal funds, prioritizing the American Legion Bridge as part of a phased plan, and boosting transit use and ridesharing. It has already earned the seal of approval from Montgomery County Executive Marc Elrich (D), who had been a vociferous opponent of the previous plan under former Gov. Larry Hogan (R).

But not everyone’s buying it. The project retains elements of Hogan’s plan that prompted lawsuits and which critics derided as unsustainable and inequitable, such as tolled express lanes derisively dubbed “Lexus Lanes.”

“The transportation network throughout Maryland and the National Capital Region must be able to get people where they need to go in a timely and reliable manner. Providing long-desired, equitable transportation solutions in the American Legion Bridge and I-270 corridors is critical to eliminating employment barriers, linking more people to high-demand jobs and stimulating local economies,” Moore said in a news release issued by the Maryland Department of Transportation (MDOT).

According to the release, the plan would address multiple facets of congestion. The administration and MDOT aim to increase express bus options in Maryland and connections to Virginia, improve MARC lines and incentivize ridesharing. They will also work to advance transit-oriented development opportunities in partnership with WMATA Metrorail.

MDOT will also implement lane management in phases. The American Legion Bridge, I-495 to the I-270 West Spur, and the I-270 West Spur would be prioritized first. The section from the I-270 West Spur to I-370 that stretches through Rockville would be managed later. The state will also advance a comprehensive planning strategy for I-270 through a formal environmental study, according to the release.

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According to the release, the state has applied for a Multimodal Project Discretionary Grant from the U.S. Department of Transportation and is working to obtain more federal grants, some in partnership with Virginia. They are seeking more than $3 billion. The plans will be coupled with public engagement through open houses held in Montgomery and Frederick counties, according to the release.

Elrich applauded the plan in a statement Monday, and criticized the previous plan put forward by Hogan.

“I am glad that the Governor and MDOT are first focusing on the American Legion Bridge and submitting a grant request to the U.S. Department of Transportation. Upon taking office, I told the Hogan Administration at the December 2018 Committee for Montgomery breakfast that they should be starting work at the Bridge, not at I-370 as originally planned. The bridge is the current choke point, and it made no sense to start elsewhere,” Elrich wrote. “By starting at the bridge, we can then see how that work impacts the traffic flow on the Beltway and on I-270. I am also encouraged that the Governor’s announcement today actively includes transit as part of the solution – a distinct, key difference from the previous administration.”

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The Suburban Maryland Transportation Alliance, a public policy and research organization that advocates for efficient transit in the state, for praised the plan in a press release Monday.

“Thousands of Marylanders are counting on Maryland state leaders to help ease one of the worst traffic bottlenecks in the Nation. Today’s announcement gets us one step closer to achieving that goal. Delaying, starting over, or doing nothing is no longer an option for the thousands of Maryland families and businesses who struggle with the worsening traffic conditions on the American Legion Bridge,” the release said. “There is a comprehensive plan on the table today, approved by the Federal Highway Administration, which has received unprecedented community input. It includes millions of dollars of funds for transit, bike, and pedestrian infrastructure while replacing the aging 60+ year old bridge – a major point of commerce between Maryland and Virginia.”

But not everyone shares this sentiment.

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Councilmember Kate Stewart (D-Dist. 4) released a statement on social media voicing her concern over Moore’s plan.

“We had hoped that the Administration would take the opportunity to put forward a more holistic, equitable, and sustainable approach to improving how we move through our communities. However, the state continues to advance managed toll lanes without addressing or acknowledging the inherent inequities of toll lanes and potential safety concerns,” Stewart wrote. “This continuation of a flawed approach will not address long term transportation challenges for our residents or achieve our climate action targets. By MDOT’s own projections, this plan increases congestion in the evenings near the 270 exit to Old Georgetown Rd and deteriorates air quality from the status quo for many of my constituents.

Citizens Against Beltway Expansion, a grassroots group that opposes the Hogan plan, and the Coalition for Smarter Growth, a D.C. area nonprofit that advocates for bikeable and walkable communities, also released a statement criticizing the plan Monday, saying it relies too heavily on a study conducted by the Hogan administration.

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“That study received thousands of public comments  revealing its shortcomings and is the subject of ongoing lawsuits. It is extremely disappointing that Governor Moore, a champion of equity and sustainability, is embracing it,” the statement said.

The statement also argued the plan “disproportionately harms low and moderate wage earners and environmental justice communities” and “increases air and water pollution, cuts down essential forest cover, harms national  parks, and increases greenhouse gas emissions.”

The project has had a rocky history. The Moore administration has been openly critical of the original plan launched by Hogan in 2017. Estimates varied dramatically along with the plans, ranging from $4 billion to $11 billion at different points.

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Moore told MoCo360 earlier this year that he felt the Hogan administration plan failed to address the equity, environmental and local engagement aspects of the project.

“We have to be able to address these issues, and we’re going to be able to look at a whole collection of different things that we think can potentially work. How do you use the existing footprint? What is the role of reversible lanes? How do you potentially look at a mass transit option? How are we factoring in the completion of the American Legion bridge?” Moore said. “We need to address all those things that are not part of the current plan. I’m not OK with having something that only portions of a population can benefit from.”

Then in March, toll road operating company Transurban withdrew its proposal to expand I-495 and I-270, leaving the project up in the air.

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The Australian company said it was backing out due to uncertainty that Moore would support the initial proposal created by Hogan, and because of multiple unresolved lawsuits over environmental implications.

The decision essentially paused replacement of the American Legion Bridge as well as the addition of high-occupancy toll lanes to I-495 and I-270.

The Maryland chapter of the Sierra Club, Natural Resources Defense Council, Friends of Moses Hall and the National Trust for Historic Preservation–continue to challenge the expansion of I-270 and Beltway with a lawsuit originally filed in October 2022.

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In the lawsuit, plaintiffs argue that expanding I-270 and I-495 would cause significant harm to public health, natural resources and culturally significant and historic places in the county, including the biological research hub Plummers Island and a historic African American burial ground in Cabin John. They argue MDOT and the Federal Highway Administration did not adequately assess or disclose these potential impacts.

Elrich acknowledged these concerns in his statement Monday, but said he is “heartened” by the community engagement opportunities.

“Upon hearing this news today, there are going to be many activists, residents, and commuters concerned about tolling, environmental impacts, as well as potential expansion of these roads into nearby communities. While I understand their trepidation, I am heartened by the Moore Administration and MDOT acknowledgement that engaging with the communities is fundamental to the success of this project, and based on conversations thus far, I am optimistic that this project can be done without the impacts that people are concerned about,” Elrich wrote.

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