Midwest Environmental Advocates: Files lawsuit challenging federal approval of I-94 expansion in Milwaukee

Today, Midwest Environmental Advocates and Legal Action of Wisconsin filed a lawsuit in the United States District Court for the Eastern District of Wisconsin on behalf of four environmental and social justice organizations challenging federal approval of a $1.75 billion plan to expand Interstate Highway 94 from six lanes to eight lanes between 16th and 70th streets in Milwaukee and to greatly expand the Stadium Interchange.

The four plaintiffs are Milwaukee Inner City Congregations Allied for Hope (MICAH), Milwaukee Riverkeeper, Sierra Club – Wisconsin Chapter, and 1000 Friends of Wisconsin. MICAH is represented by Legal Action of Wisconsin, while Milwaukee Riverkeeper, Sierra Club – Wisconsin Chapter and 1000 Friends of Wisconsin are represented jointly by Midwest Environmental Advocates and Milwaukee attorney Dennis Grzezinski.

The plaintiffs allege the Federal Highway Administration (FHWA) and the Wisconsin Department of Transportation (WisDOT) refused to consider a reasonable alternative that would incorporate a public transportation element and fix safety and operational concerns of the corridor without expanding the highway. They also allege transportation officials failed to consider or mitigate the disproportionate harm to the predominantly non-white residents of the project area.

“State and federal transportation officials used an incomplete and highly selective environmental analysis to justify moving ahead with a project that will increase our dependence on cars, add to greenhouse gas emissions, and reinforce a long-standing pattern of neglecting public transit,” said Dan Gustafson, Senior Staff Attorney with Midwest Environmental Advocates.

“Studies show that highway expansions simply motivate more people to drive, eventually causing the same traffic congestion this is meant to mitigate,” added Attorney Dennis Grzezinski. “Investing in public transportation and rebuilding the highway without greatly expanding the existing footprint is a viable alternative that would benefit all Milwaukeeans.”

“Unfortunately, with this highway expansion, transportation officials have chosen to repeat the mistakes of the past rather than invest in solutions that benefit all, like fixing roads and bridges, expanding public transportation, and investing in walkable and bikeable communities,” said Karyn Rotker, Staff Attorney with Legal Action of Wisconsin.

In response to public input, transportation officials made modest improvements to the proposal, but expanding the highway from six to eight lanes and greatly expanding the Stadium Interchange remained the state’s preferred option.

Environmental, public health and social justice organizations have opposed the expansion of the I-94 East-West corridor since the project was first proposed more than a decade ago. Many of those who testified at public hearings during the state’s environmental review process urged the state to consider the Fix at Six alternative, a plan that would fix safety and operational concerns of the corridor without expanding the highway.

“We continue to call for transportation options that address the diverse needs of the Milwaukee region. State transportation officials need to meaningfully engage the public and present alternatives that uplift the health of our communities,” said Carl Glasemeyer, 1000 Friends of Wisconsin Transportation Policy Director.

Disproportionate Harm to Communities of Color

The expansion project received final approval in March 2024, despite an ongoing federal civil rights investigation into allegations that the project would lead to racially discriminatory impacts—includingbincreased carbon emissions, air pollution, water pollution and flooding—on the predominantly Black and Latino communities near the interstate.

“This project is located in one of the most racially segregated metropolitan areas in the country. Moving forward with the project before federal authorities have concluded their investigation is completely inconsistent with the state’s obligation to protect the civil rights of impacted local residents,” said Rev. Dr. Richard Shaw, President of Milwaukee Inner City Congregations Allied for Hope (MICAH).

“The increased traffic, air and noise pollution, and water pollution and flooding problems from continued highway expansion will disproportionately harm Black and Latino communities located near the highway. This, together with the worsening imbalance between highway expansions and the decline of public transit services, exacerbates impacts to communities of color,” said Cheryl Nenn of Milwaukee Riverkeeper. 

“Milwaukee’s neighborhoods are already torn apart by the freeway system, which does very little to benefit the people who live here. Almost 40% of us don’t drive cars. We need more public transit, not freeways that help the privileged few,” said Ann Bowe of Friends of Valley Park and Gardens.

“Instead of trying to minimize the harm of an inherently harmful project, the Wisconsin Department of Transportation should live up to its name and invest in transportation for all,” said Leland Pan, a board member of Sierra Club – Wisconsin Chapter.

Project Background

In March 2017, state and federal regulators released a Final EIS (FEIS) and a Record of Decision (ROD) approving the expansion of I-94. In response, opponents of the project filed a federal lawsuit which raised issues similar to those currently being raised. Later that year, Gov. Scott Walker’s administration abandoned the proposed expansion for lack of funding. At the time, Gov. Walker remarked that in view of the local municipalities’ opposition to the project, any future project should better reflect local wishes.

In July 2020, WisDOT announced it would again seek approval for the expansion. Thanks to pressure from environmental and social justice advocates, WisDOT announced in 2021 that it would undertake a Supplemental Environmental Impact Statement (SEIS) before proceeding with the project.

In December 2023, federal authorities launched a civil rights investigation into allegations that the expansion of I-94 would lead to racially discriminatory impacts on communities of color near the interstate.

In March 2024, the Federal Highway Administration (FHWA) and the WisDOT released the approved Final Supplemental Environmental Impact Statement (FSEIS) and Record of Decision (ROD) approving the project.

In June 2024, advocacy groups sent a letter to the Federal Highway Administration asking that work on the project be halted pending completion of the federal civil rights investigation.

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Complaint filed on 08/19/24