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Environmental Law
National Environmental Policy Act
Clean Water Act

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)

Sharon E. Duggan


Defendant

Ignacia S. Moreno

Joann M. Swanson

Charles M. O'Connor

Jason A. Hill

Ardine N. Zazzeron
(California Deparment of Transportation)

Martha C. Mann
(U.S. Dept. of Justice)

Melinda L. Haag

Derek S. van Hoften


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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