A federal judge recused himself last week from a lawsuit related to the light rail Purple Line, writing that he lives too close to the planned Chevy Chase Lake station to be impartial.
Friends of the Capital Crescent Trail, a nonprofit advocacy group, and two Chevy Chase residents filed a lawsuit in the federal district court of Maryland in January 2019. They alleged that the U.S. Army Corps of Engineers’ decision to allow dredging of discharge and fill materials in wetlands violates the Clean Water Act.
The lawsuit is the latest in response to the planned Purple Line — a 16-mile light-rail line that will connect Montgomery and Prince George’s counties by 2023.
Oral arguments in the case were scheduled to be heard on March 23.
On Feb. 18, U.S. District Judge Peter J. Messitte issued a memo to attorneys on both sides that he thought it would be better if he recused himself from the case because he lives near the planned Chevy Chase Lake station. The future station is near where the Georgetown Branch Trail meets Connecticut Avenue.
Messitte wrote in the memo that a decision in the lawsuit could lead to a halt in Purple Line construction.
“ … [A] ruling one way or another might affect me personally and financially. Since the location of my residence might reasonably lead one to question my impartiality, I feel that it is best for me to recuse myself and transfer the case to another Judge, even at this late stage of the litigation,” Messitte wrote.
He went on to ask attorneys to submit a brief with their clients’ feelings about his possible recusal from the case by Feb. 28.
Instead, Messitte sent the order of recusal on Feb. 21.
News of Messitte’s recusal was first reported by The Washington Post.
David W. Brown, the attorney representing the plaintiffs, said in an interview Friday afternoon that Messitte officially recused himself on Feb. 21 without soliciting the attorneys’ feedback.
“We were gonna send him some thoughts on that matter, but he decided before [the 28th] to do it anyway. So that was the curious, unanswered question,” he said.
Brown said he had no reservations about Messitte’s impartiality, but he understands his decision.
“We can understand why the judge thought that he might have something to gain or lose based on how he decided the case,” he said.
Brown said he is neutral on Messitte’s decision, but said it is “extraordinary” for a judge to contact the parties “out of the blue” and tell them that he is planning on recusing himself.
The case has been transferred to Chief District Judge James K. Bredar, and the March 23 hearing has been cancelled. Brown said Bredar could decide the case without hearing oral arguments, but that he has requested a hearing.
“We have made a request for a hearing, and whether or not that’s gonna happen is up to the judge,” he said.
Attorneys for the U.S. Army Corps of Engineers and the Maryland Transit Administration could not be reached for comment Friday.
Dan Schere can be reached at daniel.schere@moco360.media
