SIERRA CLUB; Citizens for Buckeye Basin Parks, Inc.; Friends of Mulberry Park; Rick B. Van Landingham, III; Gene Cook; Sandy James; Robert Wayne James; Helen Martin; Henry Martin; Emilie Martin; Edward Knapp; Anthony P. Urbanski; Jeannine Urbanski; Maryann Hollaway; Mara Hollaway, Plaintiffs—Appellants,
v.
Rodney SLATER, Secretary, United States Department of Transportation; Robert D. Bush, Executive Director, Advisory Council on Historic Preservation; Fred J. Hempel, Division Administrator, Federal Highway Administration; W. Ray Luce, Director, Ohio Historical Preservation Office; Jerry Wray, Director, Ohio Department of Transportation; William Knight, Director, Toledo Metro Area Council of Governments; Carleton S. Finkbeiner, Mayor, City of Toledo; Donald Schregardus Director, Ohio Environmental Protection Agency; Togo D. West, Jr., Secretary, Department of the Army Corps of Engineers, Defendants— Appellees.
United States Court of Appeals, Sixth Circuit.https://leagle.com/images/logo.png
Argued January 27, 1997.
Decided August 6, 1997.
Rehearing and Suggestion for Rehearing Denied October 15, 1997.
Attorney(s) appearing for the Case
Terry J. Lodge (argued and briefed), Toledo, OH, for Plaintiffs-Appellants.
Ralph J. Lewis, Office of the U.S. Attorney, Western Division, Toledo, OH, Robin N. Michael, Environmental & Natural Resources Division, Department of Justice, Washington DC, Lisa E. Jones (argued), Department of Justice, Environment & Natural Resources Division, Washington, DC, Jacques B. Gelin (briefed), Robin L. Juni, Cecilia E. Kim, U.S. Department of Justice, Environment & Natural Resources Division, Washington, DC, for Rodney Slater, Robert D. Bush, Fred J. Hempel, and Togo D. West, Jr., Defendants-Appellees.
Fred J. Milligan, Jr., Milligan & Milligan, Westerville, OH, Andrew J. Ayers (briefed), Meister, Ayers & Meister, Toledo, OH, for W. Ray Luce, Defendant-Appellee.
Frederick C. Schoch, Asst. Attorney Gen., (argued and briefed), Ellen B. Leidner (briefed), Office of the Attorney General, Transportation Section, Columbus, OH, for Jerry Wray, Defendant-Appellee.
Terrence K. Davis, John F. Hayward, Shumaker, Loop & Kendrick, Toledo, OH, for William Knight, Defendant-Appellee.
Lawrence J. Kiroff (briefed), Lourdes Santiago, Senior Attorney (briefed), Office of the City of Toledo Law Department, Toledo, OH, for Carleton S. Finkbeiner, Defendant-Appellee.
Lisa E. Jones (argued), Department of Justice, Environment & Natural Resources Division, Washington, DC, Robin L. Juni, U.S. Department of Justice, Environment & Natural Resources Division, Washington, DC, for Donald Schregardus, Defendant-Appellee.
Before: CONTIE, RYAN, and BOGGS, Circuit Judges.
United States Court of Appeals, Sixth Circuit.
Rehearing and Suggestion for Rehearing En Banc Denied October 15, 1997.
RYAN, Circuit Judge.
The Sierra Club and other plaintiffs brought suit against federal, state, and municipal officials in their official capacities under numerous federal statutes, seeking to prevent the construction of an urban corridor development project known as the Buckeye Basin Greenbelt Project, also known simply as the Project, in Toledo, Ohio. The centerpiece of the Project is...
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