CORRIDOR H ALTERNATIVES, INC. v. SLATER

No. 97-5301.

166 F.3d 368 (1999)

CORRIDOR H ALTERNATIVES, INCORPORATED, et al., Appellants, v. Rodney SLATER, Secretary, U.S. Department of Transportation, et al., Appellees.

United States Court of Appeals, District of Columbia Circuit.

Decided February 9, 1999.


Attorney(s) appearing for the Case

Andrea C. Ferster, with whom Thomas R. Michael was on the briefs, argued the cause for appellants.

Elizabeth S. Merritt, with whom Paul W. Edmundston, Laura S. Nelson, Thomas S. Martin and Thomas B. Wiener were on the brief, argued the cause for amici curiae National Trust for Historic Preservation, et al.

Sheila D. Jones, with whom Lois J. Schiffer, Assistant Attorney General, U.S. Department of Justice, John A. Bryson, and Marta Hoilman, Attorneys, Brett J. Gainer, Attorney-Advisor, Federal Highway Administration, and William G. Malley were on the brief, argued the cause for appellees. Greer S. Goldman, Attorney, U.S. Department of Justice, and Eliot R. Cutler entered appearances.

Before WALD and TATEL, Circuit Judges, and BUCKLEY, Senior Circuit Judge.


Opinion for the court filed by Senior Circuit Judge BUCKLEY.

BUCKLEY, Senior Judge:

Corridor H Alternatives, Inc., and several other environmental and public interest groups (collectively, "CHA") challenge a highway project in West Virginia that had been developed and approved by various federal and state agencies. Specifically, they assert (1) that the Federal Highway Administration violated the Department of Transportation Act by failing to identify all...

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