United States Tenth Circuit

A preliminary injunction should have been issued on the construction of a highway project, under the National Environmental Protection Act, where a Finding of No Significant Impact was based on deficient methodology and conclusions.

Appellate Information

• Decided 06/20/2002
• Published 06/20/2002

Judges

• EBEL, Circuit Judge., Before SEYMOUR, EBEL, and LUCERO, Circuit Judges.

Court

• United States Tenth Circuit

Counsel

• For Appellant:
  
• Jeffrey W. Appel (James L. Warlaumont and Jennifer L. Crane with him on the brief), Salt Lake City, Utah, for Plaintiffs-Appellants.


• For Appellees:
  
• Jeffrey C. Dobbins, Attorney, U.S. Department of Justice Environment & Natural Resources Division, Washington, D.C. (Clay Samford and Andrew Mergen, Attorneys, U.S. Department of Justice Environment & Natural Resources Division, Washington, D.C., and Helen Mountford, Federal Highway Administration, Office of the Chief Counsel, San Francisco, California, of Counsel, with him on the brief), for Defendants-Appellees Norman Y. Mineta, Secretary, Department of Transportation;  Mary E. Peters, Administrator, Federal Highway Administration;  and David Gibbs, Division Administrator, Federal Highway Administration, Utah Division., Thomas A. Mitchell, Assistant Attorney General, Steven F. Alder, Assistant Attorney General, Mark L. Shurtleff, Attorney General, Salt Lake City, Utah, for Defendant-Appellee Thomas R. Warne.