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AWARE v. COLORADO DEPT. OF TRANSP.

No. 97-1418.

153 F.3d 1122 (1998)

ASSOCIATIONS WORKING FOR AURORA'S RESIDENTIAL ENVIRONMENT, a non-profit corporation, Plaintiff-Appellant, v. COLORADO DEPARTMENT OF TRANSPORTATION; Laurence Warner, Transportation Director, Region 6, Colorado Department of Transportation; Federal Highway Administration; James Daves, Acting Division Administrator of the Federal Highway Administration, Defendants-Appellees. City of Aurora, Amicus Curiae.

United States Court of Appeals, Tenth Circuit.

July 27, 1998.

Attorney(s) appearing for the Case

Robert S. Ukeiley, Boulder, Colorado, for Plaintiff-Appellant.

Jeffrey C. Dobbins, Department of Justice, Washington, D.C. (Robert L. Klarquist, Department of Justice, Washington, D.C.; Lois J. Schiffer, Assistant Attorney General; Henry L. Solano, United States Attorney; and Robert D. Clark, Assistant United States Attorney, Denver, Colorado, with him on the brief) for Defendants-Appellees Federal Highway Administration and James Daves.

Gregory A. Jamieson, Assistant Attorney General, and Harry S. Morrow, First Assistant Attorney General (Gale A. Norton, Attorney General, with them on the brief), Denver, Colorado, for Defendants-Appellees Colorado Department of Transportation and Laurence Warner.

Charles H. Richardson and Teresa Kinney, Office of the City Attorney, Aurora, Colorado, filed an amicus curiae brief for City of Aurora.

Before HENRY, HOLLOWAY and LUCERO, Circuit Judges.

LUCERO, Circuit Judge.

Associations Working For Aurora's Residential Environment ("AWARE"), a non-profit corporation comprised of individuals and businesses who reside in or around the Parker Road/I-225 interchange in Aurora, Colorado, appeals an order refusing to enjoin defendants from beginning construction at that interchange. Plaintiff asserts three claims on appeal: (1) defendants failed to comply with the National Environmental Policy Act ("NEPA"), 42 U.S.C...

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