Midwest Environmental Advocates, Legal Action of Wisconsin and Milwaukee attorney Dennis Grzezinski filed a lawsuit in August 2024 in the United States District Court for the Eastern District of Wisconsin 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.

Our clients 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.

Alternatives to Expansion

Studies show that highway expansions simply motivate more people to drive, eventually causing the same traffic congestion this is meant to mitigate. Unfortunately, with the proposed highway expansion, transportation officials are choosing to repeat the mistakes of the past. Instead, we should invest in solutions that benefit all Milwaukeeans, like fixing roads and bridges, expanding public transportation, and investing in walkable and bikeable communities.

Disproportionate Harm to Communities of Color

Milwaukee’s neighborhoods are already torn apart by the freeway system, which does very little to benefit the people who live closest to the interstate. The increased traffic, air and noise pollution, and water pollution and flooding problems from continued highway expansion will continue to cause disproportionate harm to the 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 harmful impacts to communities of color,

Project Background

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. Over the years, many of them have advocated for an alternative to expansion that would fix the safety and operational concerns of the corridor without expanding the highway.

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 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.

• Resources
  Complaint filed on 08/19/24
• Merits brief filed on 07/13/26