Rethink35 Finally Takes on TxDOT Before a Judge Over the I-35 Expansion

In a recent post, we shared that a court hearing was on the horizon in our lawsuit against TxDOT over its destructive I-35 expansion project. Now that the hearing before a judge has taken place, we want to give you an update and a quick recap of how we got here. The fight over the I-35 expansion is about far more than traffic–it’s about clean air, healthy communities, and whether Austin chooses a future that works for people instead of highways.

In 2021, the EPA revisited its standards on fine particle pollution after recognizing just how dangerous it is for human health. Not long after, TxDOT rolled out its draft environmental review for the I-35 project in 2022. By early 2023, more than 6,000 people had submitted comments, over 75% of them speaking out against the expansion and urging TxDOT to take air quality and health concerns seriously.

Austin already struggles with unhealthy air, and expanding I-35 will only pile on more pollution without easing traffic. The neighborhoods that will be impacted the most are the ones with the fewest resources to fight back, which makes this a fight for equity as much as for clean air. At the end of the day, this battle is about creating a city that puts people, not highways, first.

Despite this overwhelming opposition, TxDOT signed off on the project in August 2023. Even more troubling, they admitted the expansion would hit low-income and minority neighborhoods the hardest. This is bigger than congestion–it’s about environmental justice, and whether or not the health of vulnerable communities is considered expendable.

In January 2024, we went to court, filing a lawsuit against TxDOT for breaking environmental law. The very next month, the EPA continued to tighten air pollution standards, even though  Austin had been over the existing PM2.5 limit for some time. Still, in October 2024, TxDOT pushed forward with construction without updating their environmental review, putting public health in further danger.

By November 2024, we had brought in a nationally-renowned air quality expert to ensure the judge had accurate evidence. This past spring, in March 2025, the court agreed to hear that expert’s testimony. In April 2025, we filed for summary judgment, making the case that TxDOT knowingly ignored the pollution impacts and violated the law and asking the court to decide the case without a full trial.

On September 10th, 2025, a judge heard arguments in our lawsuit against TxDOT’s I-35 expansion. We held a watch party at Scholz Garten, where community members united to show that the community wants a different future than more lanes and more pollution.

 Now, we await the judge’s decision.

The most powerful thing you can do is stay informed and speak up. Share these updates with your friends and neighbors. Follow Rethink35 for ongoing news. Join us in pushing for a healthy region where everyone has the right to breathe clean air.