Letter: Mid-States Corridor Industry Day event problematic

In an INDOT News Release dated December 15, 2025, entitled “INDOT begins construction planning for Mid-States Corridor project” it stated that an Industry Day event was held for interested contractors, materials suppliers and other partners as the Mid-States Corridor project enters its construction planning phase. The question “Is this legal?” jumps to mind; and, yes it is legal but only within very tight limits. It becomes illegal the moment it creates commitment, predetermination or irreversible momentum before Tier 2 approval and funding. The INDOT Press Release sits right on the legal fault line.

An Industry Day and “construction planning phase” activities are not automatically illegal under NEPA (National Environmental Policy Act ) if they meet a list of conditions. Some of these conditions are: no notice of construction funds committed, no contracts awarded, no right-of-way acquired or assumed, no final alignment is locked in, all schedules are explicitly hypothetical and the Tier 2 outcomes remain genuinely open. The FHWA (Federal Highway Administration) explicitly allows RFIs, market soundings, industry outreach and procurement strategy, as long as they are planning-only and reversible.

Yet, the press release’s language is problematic and raises real legal concerns, especially when combined with earlier statements about 2027 construction. Words matter, “enters its construction phase” and “information on contract limits, procurement types and proposed schedules” are not neutral statements. The courts and FHWA look beyond labels and ask, “Would a reasonable contractor believe this project is moving toward construction regardless of the Tier 2 outcome?” If the answer is yes, it is big problem.

There are two core questions, first, “Could INDOT realistically walk away after this event?”; and, second, “Does this event bias the Tier 2 NEPA analysis toward a build outcome?” If contractors were asked to size crews, if the planning assumes a fixed corridor, if schedules reference specific segments, if ROW availability is assumed or if the procurement types presuppose construction, this is predetermination and is illegal.

What definitely is not allowed at an Industry Day event is to present construction as inevitable, tie schedules to specific Tier 2 segments, present ROW acquisition guidelines, discuss “early work packages” that require land, signal which alternatives will be selected or imply funding certainty. If any of this happened then the legality of the event and perhaps the project itself collapses.

Industry Days are not in themselves illegal and do serve a purpose; but, INDOT’s event may very well have crossed the legal lines. Comments by Kyanna Wheeler and Jason Dupont regarding ROW acquisition time lines could be seen as having crossed this threshold. However, holding this event while the Tier 2 is incomplete and funding is not secured is legally dangerous and becomes unlawful if it signals commitment or inevitability. Our concerns are not hypothetical and this is exactly how and why the NEPA violations have been established.

We must all stay on our toes and keep or eyes on the ball. If we don’t more INDOT and RDA skullduggery will take place.

Jim Arvin
Rutherford Township
Martin County

To clarify, this is not Mr. Jim Arvin of Jasper, the former CEO of Jasper Desk