United States Fourth Circuit

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Shenandoah Valley Network v. Capka, 10-1954

In a suit by a group of environmental and preservation organizations challenging the Federal Highway Administration's and the Virginia Department of Transportation's execution of a tiered review process for improvements to Virginia's Interstate 81 corridor, the appeal is dismissed, where the suit was not justiciable because: 1) there was no actual dispute, as the agencies planned to comply with a stipulation and the National Environmental Policy Act by considering site-specific alternatives to the corridor-wide concept after the first stage; and 2) the plaintiffs could not show any injury or imminent threat of injury.

Appellate Information

  • Decided 02/17/2012
  • Published 02/17/2012


  • Wilkinson


  • United States Fourth Circuit


  • For Appellant:
  • Matthew E. Price, Sambhav N. Sankar