The 2017 lawsuit over the proposed expansion of I-94 E-W corridor After the Federal Highway Administration (FHWA) made its Record of Decision approving the final environmental impact statement for the addition of two more traffic lanes to the 3.5 mile corridor of I-94 E-W in 2016, the Wisconsin Department of Transportation (WisDOT) could officially begin its final design and construction.[1] Arguments by state legislators Joe Sanfelippo, Dale Kooyenga, and Senator Alberta Darling were some examples of those supporting the expansion, framing I-94 as a space of flow and movement.[2] Proponents emphasize the need to accommodate increased volumes of traffic, reduce collisions, congestion, and reap economic benefits for the state of Wisconsin particularly within the tourism, agriculture and manufacturing sectors.[3] On the other hand, arguments by advocacy groups (NAACP-Milwaukee Branch, Sierra Club John Muir Chapter, and MICAH) were some examples of those opposing the expansion, framing I-94 as a boundary restricting movement. Opponents emphasize how the expansion would negatively impact air quality and water resources, intensify regional racial segregation, and direct state funds away from the public transit needs of Milwaukee residents.[4] In addition, these groups argued that WisDOT was in violation of Title VI of the Civil Rights Act in that the proposed highway expansion failed to consider less expensive alternatives like public transit.[5]
Consequently, advocacy groups sued WisDOT, the FHWA, and the U.S. DOT over the proposed $1 billion expansion of a 3.5 mile east-west segment of Interstate 94 in the lawsuit NAACP Milwaukee Chapter v Ross filed on March 1, 2017. Attorneys Mr. Dennis Grzezinski and Ms. Karen Rotker represented the plaintiffs.[6] In the fall of 2017, the state of Wisconsin put the project on hold, and it currently remains on hold despite recent attempts by state legislators to revive it.[7] Multiple levels of stakeholder interactionFindingsSince news articles and government reports have not fully disclosed details on the state of Wisconsin's decision to put the expansion project on hold, an interview with Mr. Grzezinski revealed more clues. Perhaps most significant are two collaborative efforts between attorneys and advocacy groups to combat transit injustice in the Milwaukee area. For instance, one proactive effort was the creation of an environmental justice task force for Milwaukee County’s metropolitan planning organization, the Southeastern Wisconsin Regional Planning Commission (SEWRPC). Although the role of SEWRPC is often restricted to making recommendations in planning processes, it does have some authority or veto power over decisions related to transportation, especially as they relate to air quality standards. This created an ideal opening and opportunity for an environmental justice task force, which has dramatically strengthened SEWRPC’s approaches to environmental justice by ensuring that people with disabilities, low-income, and communities of color are more involved in decision-making. For example, they’ve recently implemented a 2050 vision planning process that focuses on getting input from the community and making meetings accessible. And when SEWRPC doesn’t do enough, there are now representatives, a growing coalition of groups, and resources in place to attempt to hold it accountable.
But perhaps more relevant to this study was the reactive approach taken by Mr. Grzezinski and Ms. Rotker who represented the plaintiffs in the lawsuit over the proposed expansion of I-94 E-W. Using parts of the environmental impact statements, they discovered that parts of it were likely in violation of the law. Therefore, the lack of money in the state budget for moving the project forward wasn’t the only reason it was put on hold. It was also due to the fact that 1) state and federal organizations likely knew their decision-making likely didn’t comply with the law, and 2) the presence of a strong, effective coalition of environmental and social justice groups opposing the project.[8] |
Stakeholders & policies in proposed expansion lawsuitInterview on I-94 E-W corridor lawsuitEnvironmental attorney Dennis Grzezinski discusses his role in the 2017 lawsuit over the proposed expansion of I-94 E-W corridor, environmental impact statements, highway expansion projects, and the coalition efforts opposing them.
ConclusionsTo close, the aim of this study was to bring light to the often invisible interactions between different stakeholders involved in transit justice projects and how they inform environmental justice. What’s most visible, the seemingly permanent structure on the landscape that is a boundary for some, and a space of flow and movement for others, doesn’t tell the whole story. It may be by recognizing the interactions and coalitions between different stakeholders at federal, state, regional and city levels that boundaries can broken down and future transit projects can better achieve environmental justice in Milwaukee and elsewhere.
|
References:
[1]U.S. Department of Transportation, Federal Highway Administration, State of Wisconsin Department of Transportation (2016). Final environmental impact statement (FHWA-WI-EIS-2014-02-F). Milwaukee County, Wisconsin. Retrieved from: http://wisconsindot.gov/Documents/projects/by-region/se/94ew-study/final-eis.pdf
[2]Anderson, L. (2018). GOP lawmakers working to revive I-94 east-west corridor project. BizTimes. Accessed April 5, 2018 at: https://www.biztimes.com/2018/industries/construction/gop-lawmakers-working-to-revive-i-94-east-west-corridor-project/
[3]Bridgetower Media Newswires (2018). I-94 east-west project would be ATM for Wisconsin. Dailyreporter.com.Accessed April 5, 2018 at: http://dailyreporter.com/2018/02/23/i-94-east-west-project-would-be-atm-for-wisconsin/
[4] Weisberg, L. (2017). Lawsuit claims I-94 expansion harms blacks, is based on inaccurate data. Wisconsin Gazette. Accessed April 5, 2018 at: http://www.wisconsingazette.com/news/environment/lawsuit-claims-i--expansion-harms-blacks-is-based-on/article_974d0b1b-04b1-55b1-a651-b775f1fcc6ff.html
[5]Faraj, J. (2017). Plaintiffs in I-94 Suit Say Highway Project is ‘Racist in its Consequences.’Shepherd Express. Accessed April 5, 2018 at: https://shepherdexpress.com/news/features/plaintiffs-i-94-suit-say-highway-project-racist-consequences/#/questions
[6] NAACP v. Ross, 2:17-cv-00297 (2017).
[7]Anderson, L. (2018). GOP lawmakers working to revive I-94 east-west corridor project. BizTimes. Accessed April 5, 2018 at: https://www.biztimes.com/2018/industries/construction/gop-lawmakers-working-to-revive-i-94-east-west-corridor-project/
[8]Grzezinski, D. (2018, April 18). Personal Interview
Photo sources: https://www.flickr.com/photos/compujeramey/5822880127
[2]Anderson, L. (2018). GOP lawmakers working to revive I-94 east-west corridor project. BizTimes. Accessed April 5, 2018 at: https://www.biztimes.com/2018/industries/construction/gop-lawmakers-working-to-revive-i-94-east-west-corridor-project/
[3]Bridgetower Media Newswires (2018). I-94 east-west project would be ATM for Wisconsin. Dailyreporter.com.Accessed April 5, 2018 at: http://dailyreporter.com/2018/02/23/i-94-east-west-project-would-be-atm-for-wisconsin/
[4] Weisberg, L. (2017). Lawsuit claims I-94 expansion harms blacks, is based on inaccurate data. Wisconsin Gazette. Accessed April 5, 2018 at: http://www.wisconsingazette.com/news/environment/lawsuit-claims-i--expansion-harms-blacks-is-based-on/article_974d0b1b-04b1-55b1-a651-b775f1fcc6ff.html
[5]Faraj, J. (2017). Plaintiffs in I-94 Suit Say Highway Project is ‘Racist in its Consequences.’Shepherd Express. Accessed April 5, 2018 at: https://shepherdexpress.com/news/features/plaintiffs-i-94-suit-say-highway-project-racist-consequences/#/questions
[6] NAACP v. Ross, 2:17-cv-00297 (2017).
[7]Anderson, L. (2018). GOP lawmakers working to revive I-94 east-west corridor project. BizTimes. Accessed April 5, 2018 at: https://www.biztimes.com/2018/industries/construction/gop-lawmakers-working-to-revive-i-94-east-west-corridor-project/
[8]Grzezinski, D. (2018, April 18). Personal Interview
Photo sources: https://www.flickr.com/photos/compujeramey/5822880127