SIERRA CLUB v. BABBITT

No. CV F 99-5219 AWI DLB.

69 F.Supp.2d 1202 (1999)

SIERRA CLUB, a non-profit corporation; and Merg (Mariposans for Environmentally Responsible Growth), a non-profit corporation, Plaintiffs, v. Bruce BABBITT, in his official capacity as Secretary of the Interior; Department of the Interior; National Park Service; John Reynolds, in his official capacity as Western Regional Director of the National Park Service; and Stanley Albright, in his official capacity as Superintendent of Yosemite National Park; Department of Transportation; Rodney Slater, in his official capacity as Secretary of the Department of Transportation, Federal Highway Administration; Robert Stanton, in his official capacity as Director of the National Park Service; Kenneth Wykle, in his official capacity as Administrator of the Federal Highway Administration; Kiewit Pacific Company, a Delaware corporation, and Does 1 through 30, Defendants.

United States District Court, E.D. California.

July 12, 1999.


Attorney(s) appearing for the Case

Julia A. Olson, San Francisco, CA, Sharon Eileen Duggan, Law Offices of Sharon E. Duggan, San Francisco, CA, for Sierra Club, plaintiffs.

Charles M. O'Connor, United States Attorney, Assistant United States Attorney, San Francisco, CA, E. Robert Wright, United States Attorney's Office, Fresno, CA, for Bruce Babbit, defendants.

Jewell J. Harlgeroad, McInerney and Dillon, Oakland, CA, for Kiewit Pacific Company, defendant.


MEMORANDUM OPINION AND ORDER RE MOTIONS FOR SUMMARY JUDGMENT

ISHII, District Judge.

This action challenges the reconstruction project by the National Park Service ("NPS") regarding Highway 140 from Yosemite National Park's western border to the Pohono Bridge ("the El Portal Road" or "the Road"). Plaintiffs originally sought to enjoin Defendants from taking any steps towards the continuation of the El Portal Road reconstruction project ("the Project") until...

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