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ROSS v. FEDERAL HIGHWAY ADMIN.

Nos. 97-3240, 97-3278.

162 F.3d 1046 (1998)

Thomasine ROSS; Stanley Ross; Anjanette Bitsie; Pamina Yellowbird; Jason Daniels; and Wetlands Preservation Organization and Kansas University Environs, Kansas unincorporated associations, Plaintiffs-Appellees, v. FEDERAL HIGHWAY ADMINISTRATION; David Geiger, in his official capacity as Division Administrator, Federal Highway Administration; Mark Buhler, Tom Taul, Dean Nieder, in their official capacities as County Commissioners of Douglas County, Kansas; and E. Dean Carlson, in his official capacity as Kansas Secretary of Transportation, Defendants-Appellants.

United States Court of Appeals, Tenth Circuit.

November 17, 1998.

Attorney(s) appearing for the Case

Bruce M. Plenk, (Robert V. Eye, of Irigonegaray & Associates, Topeka, Kansas, with him on the brief), Lawrence, Kansas, for Plaintiffs-Appellees.

Tamara N. Roundtree, (John A. Bryson, U.S. Department of Justice; and Diane K. Mobley, U.S. Department of Transportation, Federal Highway Administration, Office of the Chief Counsel, Washington, D.C. with her on the brief), U.S. Department of Justice, Washington, D.C., for Defendants-Appellants Federal Highway Commission and David Geiger.

Michael J. Davis, (Patricia A. Konopka, of Stinson, Mag & Fizzell, P.C., Kansas City, Missouri; and Michael B. Rees, Office of Chief Counsel, Kansas Department of Transportation, Topeka, Kansas, with him on the brief), of Stinson, Mag & Fizzell, P.C., Kansas City, Missouri, for Defendants-Appellants Kansas Department of Transportation and Douglas County, Kansas.

Before BALDOCK, McKAY, and HENRY, Circuit Judges.

BALDOCK, Circuit Judge.

Defendants appeal the district court's grant of a permanent injunction enjoining further action on a segment of the South Lawrence trafficway in Douglas County, Kansas, pending the completion of a supplemental environmental impact statement (hereafter "SEIS") and entry of a new record of decision by the Federal Highway Administration (hereafter "FHWA"). Defendants argue that the district court erred in concluding (1) that the eastern segment...

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