'Put people over pavement.' Lawsuit demands more study of Brent Spence Bridge project

Editor’s note: This story has been updated to reflect the list of defendants.

Four Greater Cincinnati groups have filed a federal lawsuit that demands more consideration of how the Brent Spence Bridge Corridor project would impact the environment.

The suit, filed Tuesday in U.S. District Court for the Southern District of Ohio, wants state and federal officials to complete what is called an environmental impact statement about the $3.6 billion project to upgrade the existing Brent Spence across the Ohio River and build a new bridge to its immediate west.

Such a statement would look at how the project, more than 20 years in the making, would impact land, animals, air quality, traffic, storm water and other factors, the suit says. It would also look at alternatives to expansion, such as increasing transit service, walking and biking options, as well as “congestion pricing” to divert traffic to other bridges over the Ohio.

Failure to complete an environmental impact statement is a violation of the National Environmental Policy Act and Administrative Procedure Act, the suit alleges. The law requires creation of that statement related to federal actions that affect the human environment, the suit says.

The groups did not sue to stop the project, spokesperson Mackenzie Mason said. “The (existing) bridge does need to be fixed,” she said.

The Greater Cincinnati Coalition for Transit and Sustainable Development, backed by Covington-based nonprofit Devou Good Project, filed the suit with three co-plaintiffs. They are Civic Cincinnati, Ride the Cov and Queen City Bike, groups that promote biking, walking, public transportation and similar alternatives to car travel.

"We ask concerned citizens throughout the Cincinnati region to join us in demanding a better project – one that puts people over pavement," the groups said in a press release and on a site called People Over Pavement.

Suit names state, federal players

They are suing the U.S. Department of Transportation, Federal Highway Administration, Ohio Department of Transportation, Kentucky Transportation Cabinet, and each of their top administrators – Pete Buttigieg, Shailen Bhatt, Pamela Boratyn and Jim Gray, respectively.

The suit notes that Brent Spence Bridge planners completed an environmental assessment and then issued what’s called a FONSI – Finding of No Significant Impact – in 2012. Planners reaffirmed the FONSI in 2015, 2018 and again this May.

Issuing that finding meant that the agencies did not see the need for more extensive environmental study.

“By refusing to acknowledge that the project will have significant impacts on the human environment, defendants have arbitrarily and capriciously refused to prepare an (environmental impact statement),”  the lawsuit says, later alleging “significant adverse impacts” from the project.

The suit also seeks an injunction against the defendants, barring them from moving forward with bridge work until the violations it alleges are addressed.

The Ohio Department of Transportation and other state officials did not immediately respond to requests for comment. A U.S. Department of Transportation spokesman said the agency does not comment on pending litigation.

Project will continue through 2032

The Brent Spence Bridge Corridor project will remake the existing bridge for local-only traffic, reducing traffic on both decks from four to three lanes. It also calls for the new bridge to handle Interstate 71/75 traffic, with two decks each carrying five lanes of traffic.

Preliminary construction work is under way and will continue through 2032.

This story may be updated.

This article originally appeared on Cincinnati Enquirer: 'Put people over pavement.' Lawsuit demands more study of Brent Spence Bridge project