State Wants Green Line Extension Lawsuit Dismissed

The Commonwealth is attempting to have a recent lawsuit brought against the proposed Green Line Extension thrown out of court.

According to court documents, the state Attorney General filed a motion last Friday in U.S. District Court to dismiss the suit brought by Dr. William Wood and Carolyn Rosen of West Medford back in January on behalf of their group, the Green Line Advisory Group of Medford (GLAM).

The state Department of Transportation is listed as the defendant in the case. According to the filing, the state is arguing for dismissal based on a "lack of subject matter jurisdiction and failure to state a claim upon which relief may be granted."

In addition, the state argues GLAM has failed "to allege facts sufficient to demonstrate standing to pursue this action and, in any event, state no claim properly lying against" the state.

The original complaint, filed Jan. 18, alleges those two entities "failed to adequately address environmental issues pertaining to the human environment and its natural resources in the city of Medford" in formulating the plans for the Green Line extension, according to a statment from Rosen and Wood.

In addition, the complaint "contends that civil rights of the environmental justice community and disability population of Medford have been violated throughout the Green Line Extension process," they said.

Along with the motion, the state filed a memo in U.S. District Court to support its effort to throw out the case. In the memo, Assistant Attorney General Jo Ann Shotwell Kaplan wrote that part of the Green Line Extension is still subject to approval and thereafter would be subject to environmental review under the National Environmental Policy Act (NEPA).

Kapaln wrote Wood and Rosen live "approximately two miles beyond the termination point for the Project at College Avenue and approximately one mile beyond the termination point for the potential Mystic Valley Parkway Extension."

Because of that, Kaplan wrote "any interest they might claim based on their place of residence would be expected to afford them standing, if at all, only in connection with the potential future Mystic Valley Parkway Extension." 

In a brief interview at Medford City Hall Tuesday, Wood said the state's attempt to throw the suit out shows "the legal system does not respect the needs of people who are disabled."

Wood said there are no plans to drop the suit.

Phase 1 of the Green Line Extension is the first step in a $1.3 billion project that, when complete, would add six new Green Line stations to the MBTA's light-rail line, extending it through Somerville to near Tufts University in Medford.

The first trains aren't expected to roll into Somerville until the completion of Phase 2, which will bring the Green Line to Union Square and Washington Street. That's expected to be complete by the end of 2017.