Center For Biological Diversity, et al. v. Federal Highway Administration, et al.
Published: Dec. 15, 2012 | Result Date: Nov. 1, 2012 | Filing Date: Jan. 1, 1900 |Case number: 3:12-cv-02172-JSW Bench Decision – Preliminary Injunction Denied
Court
USDC Northern
Attorneys
Plaintiff
Adam Keats
(Center for Food Safety)
Aruna M. Prabhala
(Center for Biological Diversity)
Defendant
Ardine N. Zazzeron
(California Deparment of Transportation)
Martha C. Mann
(U.S. Dept. of Justice)
Facts
Plaintiffs, a collection of various environmental groups, sued Defendants, a group of state and federal government agencies, alleging violations of the Clean Water Act and the National Environmental Policy Act related to a proposed four-lane freeway in Mendocino County. Plaintiffs sought to have a new environmental impact study completed because the project would first build a two-lane road and then add lanes later, rather than building four lanes immediately as originally planned.
Contentions
PLAINTIFFS' CONTENTIONS:
Plaintiffs contended that the highway would threaten wetlands, salmon-bearing streams, and certain plants.
DEFENDANTS' CONTENTIONS:
Defendants contended that the proposed highway would reduce delays and improve transportation safety.
Result
Plaintiffs cannot challenge the highway project because they failed to show that the new two-lane plan required a supplemental environmental impact statement.
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