Case Law Details
County Board of Arlington v USDOT
Project Description:
This project involves the proposed construction of high occupancy vehicle/high occupancy toll lanes (HOV/HOT lanes) and related improvements on I-95/I-395 in Northern Virginia, from Spotsylvania County to the Pentagon interchange in Arlington County.
2010 WL 1499472
2010 WL 1499472
U.S. District Court – Washington DC
04/15/2010
I-95/I-395 HOT Lanes
Highway
Case Summary
The plaintiffs filed a lawsuit against the USDOT, FHWA, and Virginia DOT (VDOT), and also named several individuals within those agencies in their individual and official capacities, including Pierce Homer, who was the Secretary of Transportation in Virginia at the time the lawsuit was filed. They alleged violations of NEPA, the Clean Air Act, the Civil Rights Act, the Federal-Aid Highways Act, and the Virginia Constitution. In this decision, issued on April 15, 2010, the court granted a motion to dismiss Pierce Homer from the case, since he was no longer serving as Virginia Secretary of Transportation.
Key Holdings
Litigation Procedure
Motion to Dismiss. The plaintiffs named Secretary Homer in his individual and official capacity. Their claims included an allegation that the Secretary was personally liable under 42 USC 1983, for violations of the plaintiffs’ civil rights. Their claims also included allegations that agencies under the Secretary’s authority had violated NEPA and other laws. The Commonwealth of Virginia moved to dismiss all claims against Secretary Homer, because he was no longer serving as Secretary. The court dismissed all of the claims against the Secretary, except for those alleging that the Secretary had personally violated the Civil Rights Act. The court also held that the new Secretary of Transportation, Sean Connaughton, should be substuted as a defendant in place of Mr, Homer for purposes of all other claims – i.e., all claims that had been filed against Mr. Homer in his official capacity.
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