ODOT faces lawsuit to stop $1.9B Rose Quarter freeway expansion

Five community organizations filed a lawsuit against the Oregon Department of Transportation to stop the proposed $1.9 billion Rose quarter Freeway expansion project.

PORTLAND, Ore. (KOIN) – Five community organizations filed a lawsuit against the Oregon Department of Transportation to stop the proposed $1.9 billion Rose Quarter freeway expansion project.

The lawsuit -- filed May 10 by No More Freeways, the Eliot Neighborhood Association, Neighbors for Clean Air, Families for Safe Streets and Bikeloud -- seeks a moratorium on the planning for the proposal.

The organizations allege ODOT’s proposal does not comply with the City of Portland’s Comprehensive Plan or Metro’s Regional Transportation Plan.

In a press release, the organizations raised concerns that ODOT's proposal could double or triple the width of the roadway to include 10 lanes on the freeway, in contradiction to the city’s adopted climate, transportation, and land use plans, the organizations claim.

“It’s absurd for ODOT to claim that their proposed $1.9 billion 10-lane highway is in compliance with the city’s existing plans for climate action, sustainable transportation investment or neighborhood development,” said Chris Smith, a spokesperson for No More Freeways. “We filed this lawsuit because state law requires ODOT to follow the city’s clean air and climate goals. ODOT shouldn’t be allowed to advance a project that brazenly violates the city’s adopted plans.”

“For generations, ODOT has been prioritizing moving car traffic through the Eliot Neighborhood instead of protecting the health and well-being of local residents,” added Allan Rudwick, the Chair of the Eliot Neighborhood Association’s Land Use and Transportation Committee. “Recently, we have seen several new residential construction projects between I-5 and the Willamette River for the first time in nearly a century. The Eliot Neighborhood needs more homes, not more highways. Routing lots of extra traffic onto our roads may put a damper on this revitalization for another century and we continue to oppose ODOT’s road-widening project.”

The organizations said they hope state and federal leaders will direct ODOT to pursue more cost-effective alternatives to expanding freeway capacity.

In a statement, Michelle DuBarry -- whose 22-month-old son was struck by a driver in a crosswalk in 2010 -- furthered that ODOT should prioritize other projects.

“ODOT has continued to prioritize investment in endless freeway expansion instead of targeting improvements to streets like North Lombard, where my son was killed,” DuBarry said. “Traffic fatalities in Oregon are up 70% since 2010, and as an advocacy organization comprised of Oregonians who have been injured or lost loved ones to traffic violence, we’re proud to stand with community partners in demanding ODOT be held accountable and forced to reconsider this mindless expansion.”

This marks the third lawsuit filed against ODOT regarding the project, according to the organizations.

In 2021, No More Freeways joined Neighbors for Clean Air and the Eliot Neighborhood Association in a complaint alleging ODOT did not fully consider alternatives to expansion in line with federal standards.

No More Freeways also filed a suit against the transportation agency alleging a lack of compliance with Portland’s Comprehensive Plan.

The organizations said both lawsuits were voluntarily dismissed in 2022 after the Federal Highway Administration withdrew approval of the project.

No More Freeways resubmitted their complaint after federal approval of the project was regranted over spring.

The organization is also advocating for remediating the Albina neighborhood with an investment in freeway caps.

“The opportunity to heal the injustice inflicted into this neighborhood must not be paired with ODOT’s attempt to further harm this community with greater air pollution, freeway traffic and carbon emissions,” the organizations said.

ODOT told KOIN 6 News the agency does not comment on pending litigation but did highlight a historic federal grant they received for the project along with federal approval for the expansion to move forward.