Facts

On Oct. 14. 2011, the National Park Service approved a categorical exclusion under the National Environmental Policy Act for a project entitled "Muir Beach Bus Stop and Trial Improvements," which involved construction of bus stops and trail improvements near Muir Beach. On July 31, Mount Tam Task Force, a nonprofit organization, filed suit against the U.S. Dept. of the Interior, the National Park Service and several officials, seeking injunctive and declaratory relief and claimed the defendants violated NEPA in approving the categorical exclusion for the project.

PLAINTIFF'S CONTENTIONS:
In its complaint, plaintiff alleged that defendants' alleged reliance on the categorical exclusion under NEPA amount to a failure to comply with NEPA's requirements for environmental review of federal agency actions. Plaintiff claimed that the Park Service did not create a record that supported its findings that the project should be categorically excluded. In addition, the project was in a highly sensitive area containing endangered species and protected aquatic ecosystems.

DEFENDANT'S CONTENTIONS:
Defendant declined to admit wrongdoing.

Result

According to a stipulation to dismiss the action, on Aug. 27, 2014, defendant withdrew approval of the exclusion for the project and then canceled the project without intent to reinitiate it. In addition, if defendant does reinitiate the project or a substantially similar project, they agreed to review it under National Environmental Policy Act and to prepare an environmental assessment prior to reinitiating, as well as inform plaintiff.