Posted May 24.  The judge’s ruling on May 22 renders moot Maryland’s petition for a Writ of Mandamus, and, in any case, Maryland’s petition was unjustifiable because the injury that Maryland asserts it suffers is in fact entirely self-inflicted, said Friends of the Capital Crescent Trail and co-plaintiffs in their May 23 filing to the court in opposition to Maryland.


Maryland failed to put forth any serious argument in support of the exceptional request for a Writ of Mandamus, the Plaintiffs said in their filing. For example:


– The docket record shows that the Court promptly moved at each juncture in the case (schedule of briefings on cross-motions, summary judgment hearing and ruling)


– FTA and Maryland could have responded to the August 3 ruling by simply preparing the SEIS that the court determined was necessary given exceptional new circumstances including Metro’s collapse and questions about MTA’s ridership projections and project viability;


– Instead, MTA and FTA opted to file motions for partial reconsideration, which delayed the process; they sought to argue once again that an SEIS was not necessary; and failed entirely to respond to the substantive points raised in the expert analyses submitted by Friends of the Capital Crescent Trail;


– Now, with the judge’s ruling finding that the agencies’ behavior in ignoring the materials on record before them was arbitrary and capricious, and that therefore an SEIS is required, Maryland finds itself back at square one because of its own  behavior;


– What’s more, the financial injury that Maryland asserts it is suffering from the Purple Line contract is entirely of Maryland’s own making since Maryland signed the $5.6 billion contract with Purple Line in April 2016 more than a year and a half after the lawsuit was first filed in federal court (August 2014);


– Case law clearly shows that the irreparable harm criterion is not satisfied when the alleged harm is self-inflicted, as is clearly the case in Maryland’s irresponsible contract with Purple Line Transit Partners.


For the full filing, see below:

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