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CARMEL-BY-THE-SEA v. U.S. DEPT. OF TRANSP.

No. 94-16234.

123 F.3d 1142 (1997)

CITY OF CARMEL-BY-THE-SEA; Monterey Peninsula Regional Park District; Hatton Canyon Coalition; Sierra Club, Plaintiffs-Appellants, v. UNITED STATES DEPARTMENT OF TRANSPORTATION; Admiral James Busey; Federal Highway Administration; Thomas D. Larson; California Department of Transportation; James Van Loben Sels; Thomas L. Pollock; et al., Defendants-Appellees.

United States Court of Appeals, Ninth Circuit.

Decided September 13, 1996.

Withdrawn August 19, 1997.

Decided August 19, 1997.

Attorney(s) appearing for the Case

Rachel B. Hooper, Shute, Mihaly & Weinberger, San Francisco, CA, for plaintiffs-appellants.

Martin W. Matzen and Joan M. Pepin, United States Department of Justice, Washington, DC, and Antonio R. Anziano, San Francisco, CA, for defendants-appellees.

Before: NORRIS, BEEZER and TROTT, Circuit Judges.

BEEZER, Circuit Judge:

ORDER

The Opinion filed September 13, 1996, is withdrawn.

OPINION

This appeal arises from the proposed realignment of California State Highway 1 from the City of Carmel-by-the-Sea to nearby Hatton Canyon. The responsible governmental agencies studied this proposal and others and issued an Environmental Impact Statement/Report as required by state and federal law.

Plaintiffs City of Carmel-by-the-Sea, Monterey...

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