BLACK WARRIOR RIVERKEEPER, INC. v. ALABAMA DEPARTMENT OF TRANSPORTATION

Case Nos. 2:11-CV-267-WKW, 2:13-CV-794-WKW

BLACK WARRIOR RIVERKEEPER, INC., Plaintiff, v. ALABAMA DEPARTMENT OF TRANSPORTATION, et al., Defendants. BLACK WARRIOR RIVERKEEPER, INC., Plaintiff, v. UNITED STATES ARMY CORPS OF ENGINEERS, et al., Defendants.

United States District Court, M.D. Alabama, Northern Division.

January 19, 2016.


Attorney(s) appearing for the Case

Black Warrior Riverkeeper, Inc., Plaintiff, represented by Gilbert B. Rogers , Southern Environmental Law Center, Keith Johnston , Southern Environmental Law Center & Sarah McCarron Stokes , Southern Environmental Law Center.

Alabama Department of Transportation, Defendant, represented by Floyd Ray Gilliland, Jr. , Holtsford Gilliland Higgins Hitson & Howard PC, George Robert Prescott, Jr. , Alabama Dept. of Transportation - Legal Bureau, Pamela S West , U.S. Department of Justice, Steven Anthony Higgins , Holtsford Gilliland Higgins Hitson & Howard, PC & Jimmie Robert Ippolito, Jr. , Alabama Department of Transportation.

John R. Cooper, Defendant, represented by Floyd Ray Gilliland, Jr. , Holtsford Gilliland Higgins Hitson & Howard PC, George Robert Prescott, Jr. , Alabama Dept. of Transportation - Legal Bureau, Pamela S West , U.S. Department of Justice, Steven Anthony Higgins , Holtsford Gilliland Higgins Hitson & Howard, PC & Jimmie Robert Ippolito, Jr. , Alabama Department of Transportation.

Federal Highway Administration, Defendant, represented by Barclay Thomas Samford , U S Department of Justice, James Joseph DuBois , U. S. Attorney's Office, Gloria Hardiman-Tobin , USDOT-FHWA Office Chief Counsel, Jack F Gilbert , Federal Highway Admin & Pamela S West , U.S. Department of Justice.

Mark Bartlett, Division Administrator, FHWA, is sued in his official capacity, Defendant, represented by Barclay Thomas Samford , U S Department of Justice, James Joseph DuBois , U. S. Attorney's Office, Gloria Hardiman-Tobin , USDOT-FHWA Office Chief Counsel, Jack F Gilbert , Federal Highway Admin & Pamela S West , U.S. Department of Justice.

United States Army Corps of Engineers, Consol Defendant, represented by James Joseph DuBois , U. S. Attorney's Office & Leslie M. Hill , US DOJ/Environment and Natural Resources Division.

Jon J. Chytka, Consol Defendant, represented by James Joseph DuBois , U. S. Attorney's Office & Leslie M. Hill , US DOJ/Environment and Natural Resources Division.


MEMORANDUM OPINION AND ORDER

Mere administrative difficulty does not interpose such flexibility into the requirements of NEPA as to undercut the duty of compliance "to the fullest extent possible." But if this requirement is not rubber, neither is it iron. The statute must be construed in the light...

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