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BAYVIEW HUNTERS POINT v. METROPOLITAN TRANSP.

No. C01-0750 TEH.

177 F.Supp.2d 1011 (2001)

BAYVIEW HUNTERS POINT COMMUNITY ADVOCATES, et al., Plaintiffs, v. METROPOLITAN TRANSPORTATION COMMISSION, et al., Defendants.

United States District Court, N.D. California.

November 9, 2001.

Attorney(s) appearing for the Case

Deborah S. Reames, Bruce Edward Nilles, Earthjustice Legal Defense Fund, San Francisco, CA, for Bayview Hunters Point Community Advocates, Communities for a Better Environment, Latino Issues Forum, Our Children's Earth, Sierra Club, Transportation Solutions Defense and Education Fund, Urban Habitat Program, and The Tide Center.

Alan Ramo, Environmental Law and Justice Clinic, Helen H. Kang, Golden Gate University School of Law, San Francisco, CA, for Communities for a Better Environment, and Our Children's Earth Foundation.

Richard T. Drury, Communities for a Better Communities, Oakland, CA, for Communities for a Better Environment.

Marc Chytilo, Santa Barbara, CA, for Transportation Solutions Defense and Education Fund.

David D. Cooke, Allen Matkins Leck, Gamble & Mallory LLP, San Francisco, CA, Francis F. Chin, Metropolitan Transportation Commission, Joseph P. Bort MetroCenter, Oakland, CA, for Metropolitan Transportation Commission.

Donald P. Margolis, City Attorney's Office, City and County of San Francisco, San Francisco, CA, for San Francisco Municipal Railway.

ORDER

THELTON E. HENDERSON, District Judge.

These matters came before the Court on Tuesday, November 6, 2001, on the parties' cross-motions for summary judgment under Federal Rule of Civil Procedure 56. After careful consideration of the parties' written and oral arguments, this Court GRANTS IN PART and DENIES IN PART each of the parties' motions as described in the discussion below.

FACTUAL BACKGROUND

This suit arises out of the...

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