United States Third Circuit

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Maiden Creek Associates LP v. US Dep't of Transp., 15-3224

In an action for declaratory and injunctive relief concerning a plan to improve a highway, brought pursuant to the National Environmental Policy Act (NEPA), 42 U.S.C. section 4321, the District Court's dismissal of the complaint and denial of motion to amend is affirmed where: 1) NEPA is meant to protect the environment and plaintiffs could not sustain claims thereunder because their solely economic pursuits fell outside of NEPA's zone of interests; and 2) the motion to amend the complaint was properly denied as futile.

Appellate Information

  • Decided
  • Published 2016/05/19

Judges

  • BARRY

Court

  • United States Third Circuit

Counsel