Beveridge & Diamond

B&D Assists in Successful EIS for Maryland Intercounty Connector

Beveridge & Diamond, P.C., November 19, 2007

The environmental analysis and related permitting for a major new limited-access highway in Maryland, the Intercounty Connector (“ICC”), has been upheld by the U.S. District Court for Maryland. Challenges were brought by national and regional environmental organizations against federal and State approvals of the $2.4 billion highway, which will connect I-95 and I-270 in suburban Maryland north of Washington, D.C.  Based on an administrative record of over 19,000 documents, the Court upheld federal and State agencies’ compliance with the National Environmental Policy Act (“NEPA”), Clean Water Act, Clean Air Act, Section 4(f) of Department of Transportation Act, and Federal-Aid Highway Act.

Following two prior failed Environmental Impact Statements (“EIS”) for the proposed highway, Beveridge & Diamond, P.C. was retained by the Maryland Department of Transportation to work with its team to devise a strategy for a new EIS that could correct previous perceived deficiencies and then withstand inevitable legal challenge in federal court. The favorable ruling obtained by our client is noteworthy because it marks the first transportation project on the President’s Executive Order Priority List (EO 13274) to obtain a favorable federal court review. The EO promotes environmental stewardship and helps streamline the environmental review of key infrastructure projects.  The Court aptly called the ICC “among the most important, most controversial, most complex, and most discussed transportation and environmental projects undertaken in the Washington, D.C. metropolitan area.”

To view a copy of the opinion, Audubon Naturalist Society v. U.S. Dep’t of Transportation, please click here

To discuss these issues further, please contact Gus Bauman, Fred Wagner, Elizabeth Richardson or Jamie Auslander.




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