CITY OF ALEXANDRIA, VA. v. SLATER

No. 99-5220.

198 F.3d 862 (1999)

CITY OF ALEXANDRIA, VIRGINIA, et al., Appellees, v. Rodney E. SLATER, Secretary, U.S. Department of Transportation, et al., Appellants.

United States Court of Appeals, District of Columbia Circuit.

Decided December 17, 1999.


Attorney(s) appearing for the Case

Daria J. Zane, Assistant United States Attorney, argued the cause for appellants. With her on the briefs were Wilma A. Lewis, United States Attorney, R. Craig Lawrence, Assistant United States Attorney, Nancy E. McFadden, General Counsel, United States Department of Transportation, and Paul M. Geier, Assistant General Counsel.

Barry M. Hartman and Lance W. High were on the brief for amicus curiae Greater Washington Board of Trade.

Richard L. Walton, Jr., Senior Assistant Attorney General, State of Virginia, was on the brief for amicus curiae the Commonwealth of Virginia, Virginia Department of Transportation.

Kathleen A. Morse and Carolyn Moses Frank, Assistant Attorneys General, State of Maryland, were on the brief for amicus curiae Maryland State Highway Administration.

S. William Livingston, Jr., argued the cause for appellees. With him on the brief were Mitchell F. Dolin and Thomas L. Cubbage, III. John N. Hanson entered an appearance.

Hope M. Babcock, Thomas R. Lotterman, Paul W. Edmondson, and Elizabeth S. Merritt were on the joint brief for amicus curiae the National Trust for Historic Preservation in the United States, Preservation Alliance of Virginia, and Sierra Club.

Before: SILBERMAN, WILLIAMS, and RANDOLPH, Circuit Judges.


Opinion for the Court filed by Circuit Judge SILBERMAN.

SILBERMAN, Circuit Judge:

Appellees challenged the Federal Highway Administration's approval of plans to replace the Woodrow Wilson Memorial Bridge. The district court held that the Administration violated the National Environmental Policy Act and the National Historic Preservation Act. We reverse.

I.

The Woodrow Wilson Memorial Bridge is a...

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