Cuccinelli backs Kaine on Dulles rail project

Attorney general’s opinion OKs 2006 transfer to MWAA

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The attorney general added that he hopes the Loudoun County Board of Supervisors votes to opt out of funding the Dulles project before a July 4 deadline.

“My underlying problem is, the cost of the project relative to what you get is not worth it — period,” he said.

Mr. Marshall, meanwhile, said the opinion itself wasn’t the final say, as it was based on a case remanded by the state Supreme Court, after which the plaintiffs ran out of money.

“This is kind of like a pendulum opinion — the outcome can swing in a different direction,” Mr. Marshall said. “It’s a provisional opinion based on an as-yet-undefined final set of facts and adjudication.”

When read Mr. Marshall’s quote, Mr. Cuccinelli laughed.

“That’s every opinion,” he said. “The courts aren’t bound by [the] opinions, but they give them weight. Is it possible we get one wrong? Sure it is. But we haven’t gotten one wrong yet in 2½ years.”

Mr. Cuccinelli also said it would be difficult, in theory, for the state to wrest control of the project from the authority, pointing out that MWAA is an interstate compact not subject to state or federal Freedom of Information Act (FOIA) laws.

“Even if we could do that, we’d have to assume all the debt and responsibilities — I can’t possibly contemplate or imagine us doing that kind of thing,” he said. “Once you give over a piece of property like that, it’s pretty hard to get it back. So long as they’re performing their end of the deal, we don’t get an opportunity to go in and rescind it.”

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