Center For Biological Diversity, Sierra Club, Willits Environmental Center, Environmental Protection Information Center v. Federal Highway Administration, California Department of Transportation, Malcolm Dougherty, U.S. Army Corps of Engineers
Published: Jan. 11, 2014 | Result Date: Dec. 19, 2013 | Filing Date: Jan. 1, 1900 |Case number: 3:12-cv-02172-JSW Summary Judgment – Defense
Court
USDC Northern
Attorneys
Plaintiff
Aruna M. Prabhala
(Center for Biological Diversity)
Adam Keats
(Center for Food Safety)
Defendant
Martha C. Mann
(U.S. Dept. of Justice)
Ardine N. Zazzeron
(California Deparment of Transportation)
Facts
The Center for Biological Diversity (CBD) and others filed suit against the California Dept. of Transportation, alleging that they had failed to comply with the National Environmental Policy Act in connection with a highway bypass project in Willits. Caltrans considered whether the bypass project should be composed of four lanes or two lanes, and after considering various factors, decided upon four lanes.
Contentions
PLAINTIFF'S CONTENTIONS:
CBD disputed whether the proposed bypass project should be composed of two or four lanes. They alleged that the Corps. violated the Clean Water Act, due to the resulting discharge of materials into designated wetlands and waters of the U.S. as a result of the bypass construction.
Result
The court granted Caltrans's and the U.S. Army Corps of Engineers' motions for summary judgment, finding that it had evaluated environmental impacts associated with changed project plans, and that its decision to not supplement the Environmental Impact Statement was legally appropriate.
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