The Better Government Association has filed a lawsuit against the city of Chicago for allegedly failing to release documents pertaining to the city's agreement with Elon Musk's The Boring Company over a planned hyper-loop tunnel project.

"We feel the city needs to comply with the Freedom of Information Act that says the public records should be made available, given the mayor has made a final selection," BGA President David Greising told Business Insider.

Chicago Mayor Rahm Emanuel officially announced the choice of the Boring Company to build and operate the high-speed underground tunnel from downtown to O'Hare International Airport in June.

"We will vigorously defend against this suit, which is without merit because the final contract does not yet exist," a spokesman for Chicago's Law Department told NBC 5 Chicago.

The Better Government Association has filed a lawsuit against the city of Chicago for allegedly failing to release documents pertaining to the city's agreement with Elon Musk's Boring Company over a planned underground tunnel project.

The lawsuit by the Better Government Association (BGA), which can be read here, was brought against the City of Chicago Mayor's Office and the Chicago Infrastructure Trust, and cites a need to "obtain transparency into Defendants' selection of The Boring Company for the O'Hare Express System Project."

"The main impetus (for the lawsuit) is we're very interested in the plan for an express train to O'Hare now that a contractor has been selected," BGA President David Greising told Business Insider on Monday. "We feel the city needs to comply with the Freedom of Information Act that says the public records should be made available, given the mayor has made a final selection."

The Freedom of Information Act (FOIA) is a federal law established in 1967 that allows for the full or partial disclosure of previously unreleased information and documents controlled by the United States government.

BGA is a non-partisan, non-profit watchdog based out of downtown Chicago whose website advocates "working for transparency, efficiency and accountability in government across Illinois."

Chicago Mayor Rahm Emanuel officially announced the choice of The Boring Company to build and operate the high-speed underground tunnel from downtown to O'Hare International Airport in June, which included a press conference and interview with CBS.

Greising said he is aware the city has not yet finalized its contract with The Boring Company, but believes FOIA records request for qualifications and bids are "fairly basic" and should be accessible.

"They're saying that this is a pre-decisional information and what we say is that when you hold a press conference to announce that you've selected a contractor to build this, a final selection has been made," said Greising to Business Insider.

"We will vigorously defend against this suit, which is without merit because the final contract does not yet exist," a spokesman for Chicago's Law Department told NBC 5 Chicago.

Greising said he is not sure if either the Boring Company or the Mayor's office is behind the refusal to release the requested records pertaining to the deal.

"We have no information on who may be resisting the information, all we know is the city is declining to turn over the records that we're seeking," Greising said.