PRAIRIE BAND POTTAWATOMIE v. FED. HIGHWAY ADMIN.

No. 11-3000.

684 F.3d 1002 (2012)

PRAIRIE BAND POTTAWATOMIE NATION, Sierra Club, Wetlands Preservation Organization, Jayhawk Audubon Society, Save The Wakarusa Wetlands, Inc., Kansas University Environs, and Ecojustice, Plaintiffs-Appellants, v. FEDERAL HIGHWAY ADMINISTRATION, J. Michael Bower, in his official capacity as Division Administrator, Federal Highway Administration; Kansas Department of Transportation, Defendants-Appellees.

United States Court of Appeals, Tenth Circuit.

July 10, 2012.


Attorney(s) appearing for the Case

David Prager III ( Robert V. Eye with him on the briefs) Kauffman & Eye, Topeka, KS, for Appellants.

Eldon Shields , Gates, Shields & Ferguson, P.A., Overland Park, KS, for Appellee Kansas Department of Transportation.

Ellen J. Durkee , Environmental & Natural Resources Division ( Ignacia S. Moreno , Assistant Attorney General, and Maureen Rudolph , Attorney, Environmental & Natural Resources Division, and Barry R. Grisson , United States Attorney, and Jackie A. Rapstine , Assistant United States Attorney, District of Kansas) United States Department of Justice, Washington, DC, for Appellees J. Michael Bower and Federal Highway Administration.

Before LUCERO, SEYMOUR, and TYMKOVICH, Circuit Judges.


TYMKOVICH, Circuit Judge.

The Plaintiffs-Appellants challenge the Federal Highway Administration's selection of a route for the South Lawrence Trafficway, a proposed highway project in the city of Lawrence, Kansas. Appellants claim two aspects of the Highway Administration's decision render it arbitrary and capricious under the Administrative Procedure Act. First, Appellants claim the environmental impact statement supporting the decision runs afoul of the National...

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