United States Ninth Circuit
N. Idaho Cmty. Action Network v. US Dep't of Transp., 08-35283
In a challenge to a proposed highway project, grant of summary judgment for defendant is affirmed in part and reversed in part where: 1) defendants did not violate National Environmental Policy Act, 42 U.S.C. section 4321; but 2) defendants violated section 4(f) of the Department of Transportation Act by failing to conduct a 4(f) review of the properties for all phases of the project prior to issuing a record of decision.
Appellate Information
- Argued 08/25/2008
- Decided 10/06/2008
- Published 10/06/2008
Judges
- PER CURIAM:, Before: T.G. NELSON, HAWKINS, and JAY S. BYBEE, Circuit Judges.
Court
- United States Ninth Circuit
Counsel
- For Appellant:
- Matthew K. Bishop, Western Environmental Law Center, Helena, MT, for the plaintiff-appellant.
- For Appellees:
- Deborah A. Ferguson, Assistant United States Attorney, Office of the United States Attorney for the District of Idaho, Boise, ID, for appellee United States of America; Murray D. Feldman, Holland & Hart, LLP, Boise, ID, for appellees Idaho Transportation Department, et al.