As I am sure you are aware, the WSDOT is considering requesting FHWA authority (or has already requested authority) to toll I-90 between I-405 and I-5, with the resulting revenue to be used for the construction of a Washington state road project. In this connection I have been unable to find any legal precedent for tolling an interstate highway to pay for anything other than improvements to the interstate highway itself. Apart from the “Tollroads” that were grandfathered into the interstate highway system back in 1956 and the conversion of HOV lanes to HOT lanes on a few interstates, there seems to have been no tolling added to the system since then.

In view of the above, and the fact that Transportation Secretary Ray LaHood has testified at a public hearing that he is opposed to any tolling of the interstate system, it seems strange that the WSDOT seems so certain that the FHWA will grant it this unprecedented authority to toll I-90 to pay for the construction of items like a “Lid” over the Montlake Cut (on a section of SR-520 that is not even tolled!). And to permit any municipality or state to impose tolls on an interstate highway to pay for shortfall in construction and other local budgetary problems would seem to open “Pandora’s Box” for all kinds of financial shenanigans.

In closing, I ask you kindly to inform me whether you have granted or will grant this authority to WSDOT, and if so on what specific legal basis this will be or is based.

Claus V. Jensen