March 16, 2026, Update for Urge the EPA, FHWA, & MoDOT to Construct Sound Walls Along Highway 270

March 16, 2026, Update for Urge the EPA, FHWA, & MoDOT to Construct Sound Walls Along Highway 270 for Noise Reduction

I am writing this update to notify you that today I have taken the serious legal step of sending a certified letter (with return receipts) to the Environmental Protection Agency (EPA), Federal Highway Administration (FHWA), and Missouri Department of Transportation (MoDOT).

The second Page of my 19-page letter reads:

Introduction and Notice of Civil Action   

This letter is the formal 60-Day Notice of my Intent to Sue. My name is Janet L. Austell, and I am a 41-year resident of the Orchard Lakes Subdivision in Unincorporated St. Louis County, Missouri. I am planning to pursue a legal remedy. I formally notify the Environmental Protection Agency (EPA), the Federal Highway Administration (FHWA), and the Missouri Department of Transportation (MoDOT) (collectively "Responsible Agencies") of my intent to file a civil action in sixty (60) days pursuant to the citizen suit provision of the Noise Control Act (42 U.S.C. § 4911(a) and (b)). I challenge the Responsible Agencies' ongoing failure to perform nondiscretionary statutory duties for individuals living adjacent to the Orchard Lakes Subdivision to mitigate severe and hazardous noise and air pollution emanating from I-270. I assert these ongoing failures continue to cause exposures to ongoing risks, harm, and losses for residents of the Orchard Lakes Subdivision. Individuals bordering I-270 for years have repeatedly requested that Responsible Agencies address exceedingly unsafe noise levels. Previously, I have notified the Responsible Agencies that in my backyard, the I-270 noise levels are extremely loud, reaching a peak of 138.3 dB [which is equivalent to a gunshot, fireworks, or a volcanic eruption] and a noise dose of 718.30%; leading to a high risk of irreparable hearing damage if the exposure is repeated or sustained without protection. The Responsible Agencies have continuously refused to construct a sound wall or perform a required Type I [which is a major highway construction project like constructing a flyover ramp or adding lanes to a highway] noise abatement. Ongoing lack of action or responses (and 23 CFR § 772 violations described in this letter) to noise mitigation for individuals living adjacent to I-270 is a contravention, and/or avoidance of duties (by Responsible Agencies). These non-performance of duties fall under doctrines of “continuing harm" and/or “continuing violations”. These ongoing failures are contrary to congressional policies of the Noise Control Act (42 U.S.C. § 4901). If the Responsible Agencies fail to take concrete action to mitigate these hazards within 60 days of this notice (42 U.S.C. § 4911 (b)), I will pursue all available legal remedies to compel compliance and protect the property, health, and well-being of the affected residents.….

Please note that you may send a request to DrJAustell@gmail.com for a copy of the certified letter mailed to: 

Mr. Lee Zeldin

Administrator

Environmental Protection Agency

Office of the Administrator, Mail Code 1101A

1200 Pennsylvania Avenue, N.W.

Washington, DC 20460

Mr. Sean McMaster

Administrator

Federal Highway Administration

1200 New Jersey Ave., SE

Washington, DC 20590

Mr. Ed Hassinger

Director

Missouri Department of Transportation

105 W. Capitol Ave.

Jefferson City, MO 65102

Mr. Jim Macy

U.S. General Counsel

U.S. EPA Region 7

11201 Renner Boulevard

Lenexa, KS 66219

Mr. Sean Donahue

General Counsel

U.S. EPA, Office of the General Counsel (OCG)

1200 Pennsylvania Ave NW

Washington, DC 20460

Mr. Kevin Ward

Division Administrator

Federal Highway Administration

3220 West Edgewood Drive, Suite H

Jefferson City, MO 65109