CITY OF ALEXANDRIA, VA. v. SLATER

Civil Action No. 98-0251(SS).

46 F.Supp.2d 35 (1999)

CITY OF ALEXANDRIA, VIRGINIA, Plaintiff, Alexandria Historic Restoration and Preservation Commission, et al., Plaintiff-Intervenors, v. Rodney E. SLATER, U.S. Department of Transportation, et al., Defendants.

United States District Court, District of Columbia.

April 13, 1999.


Attorney(s) appearing for the Case

John Norman Hanson, Beveridge & Diamond, P.C., Washington, DC, for City of Alexandria, Virginia.

Daniel Franklin Van Horn, Daria Jean Zane, U.S. Attorney's Office, Washington, DC, Eileen T. Mcdonough, Wells Daniels Burgess, U.S. Department of Justice, Environment & Natural Resources Division, Washington, DC, Scott J. Jordan, U.S. Department of Justice, Environmental Defense Section, Washington, DC, for Rodney E. Slater, Kenneth R. Wykle, Federal Highway Administration.

Thomas Richard Lotterman, Swidler, Berlin, Shereff & Friedman, L.L.P., Washington, DC, for National Trust for Historic Preservation in the United States, Preservation Alliance of Virginia.

Barry M. Hartman, Kirkpatrick & Lockhart, L.L.P., Washington, DC, for Greater Washington Board of Trade.

John Anthony Bielec, Prince George's County, MD, Upper Marlboro, MD, Sean Daniel Wallace, Office of the County Attorney, Upper Marlboro, MD, for Prince George's County, Maryland.

David P. Bobzien, Office of the Fairfax County Attorney, Fairfax, VA, for Board of Supervisors of Fairfax County, Virginia.

Edward S. Harris, Kevin Reynolds, Linda D. Strozyk, Baltimore, MD, for State of Maryland.

John Fontana Cooney, Venable, Baetjer, Howard & Civiletti, L.L.P., Washington, DC, for Fairfax County Chamber of Commerce.

Richard L. Walton, Richmond, VA, for Commonwealth of Virginia, Virginia Department of Transportation.

Hope Madeline Babcock, Georgetown University Law Center, Washington, DC, for Sierra Club.

Schuyler William Livingston, Jr., Mitchell F. Dolin, Thomas Leon Cubbage, III, Covington & Burling, Washington, DC, for Alexandria Historic Restoration and Preservation Commission, Coalition for a Sensible Bridge, Inc., Historic Alexandria Foundation.

Joseph Michael Hannon, Jr., Thompson, O'Donnell, Markham, Norton & Hannon, Washington, DC, for Board of County Supervisors of Prince William County, Virginia.


MEMORANDUM OPINION

SPORKIN, District Judge.

This matter comes before the Court on Cross-Motions for Summary Judgment.1 The relevant undisputed facts are set forth below.

The Woodrow Wilson Bridge (the "Bridge") is a six-lane drawbridge linking interstates I-495 and I-95. It is designed to carry approximately 75,000 vehicles per day across the Potomac river. It lies a few miles south east of the Nation's Capitol...

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