United States Tenth Circuit

Plaintiff's suit, alleging that defendant violated section 4(f) of the Transportation Act by approving construction of a highway project, is dismissed on ripeness grounds where the project is contingent on voter approval and may not be completed.

Appellate Information

• Decided 09/09/2004
• Published 09/09/2004

Judges

• MURPHY, Circuit Judge., Before MURPHY, Circuit Judge, BRORBY, Senior Circuit Judge, and O'BRIEN, Circuit Judge.

Court

• United States Tenth Circuit

Counsel

• For Appellant:
  
• Lori Potter, Kaplan, Kirsch & Rockwell, LLP, Denver, CO, for Plaintiff-Appellant., Ken Salazar, Attorney General, Alan J. Gilbert, Solicitor General, Harry S. Morrow, First Assistant Attorney General, Denver, CO, filed an amicus curiae brief for the State of Colorado.


• For Appellees:
  
• Ellen J. Durkee, Appellate Section, Environment & Natural Resources Division, Department of Justice, Washington, D.C. (Thomas L. Sansonetti, Assistant Attorney General, Washington, D.C., David Ortez, Assistant Chief Counsel, U.S. Department of Transportation, San Francisco, CA, with her on the brief), for Defendants-Appellees.