United States First Circuit

In a town's suit against federal and state transportation agencies and officers for collecting tolls on the Sakonnet River Bridge in violation of the anti-tolling provision of the Federal-Aid Highway Act (FAHA), 23 U.S.C. section 301, and the National Environmental Policy Act (NEPA), 42 U.S.C. sections 4321-4347, the district court's dismissal of the complaint as moot is affirmed where: 1) the Rhode Island legislature's repeal of the toll rendered moot the town's claims for injunctive and declaratory relief; 2) the Town did not sufficiently allege or preserve a restitution claim; and 3) even were this insufficiency is excused, the restitution claim would still fail because the town lacks a right of action.

Appellate Information

• Published 2016/02/10

Judges

• HOWARD

Court

• United States First Circuit

Counsel