UTAHNS FOR BETTER TRANSP. v. U.S. DEPT. OF TRANSP.

Nos. CIV.1:01-CV-0007J, CIV.1:01-CV-0014J.

180 F.Supp.2d 1286 (2001)

UTAHNS FOR BETTER TRANSPORTATION, et al., Plaintiffs, v. UNITED STATES DEPARTMENT OF TRANSPORTATION, et al., Defendants. Sierra Club, v. United States Department of Transportation, et al., Defendants.

United States District Court, D. Utah, Northern Division.

August 11, 2001.


Attorney(s) appearing for the Case

Lisa A. Kirschner, Craig D. Galli, Michael J. Malmquist, Henry D. Owens, Parsons Behle & Latimer, Robert W. Adler, University of Utah, College of Law, Steven W. Dougherty, Anderson & Karrenberg, Joro Walker, Land & Water Fund of the Rockies, Salt Lake City, UT, Patrick Gallagher, Aaron Isherwood, Alex B. Levinson, Joanne Spalding, Sierra Club Environmental Law Prog., San Francisco, CA, George A. Tsiolis, Snell & Wilmer, Phoenix, AZ, Bradley R. Cahoon, Snell & Wilmer LLP, Salt Lake City, UT, for plaintiffs.

Carlie Christensen, U.S. Attorney's Office, Margaret N. Strand, Venable Baetjer Howard & Civilett LLP, Washington, DC, Alan David Greenberg, U.S. Department of Justice, Environmental Defense, Denver, CO, Daniel Wade Pinkston, Department of Justice, Denver, CO, Clay Samford, U.S. Department of Justice, Environment & Natural Resource Division, Washington, DC, Thomas A. Mitchell, Utah Attorney General's Office, Salt Lake City, UT, Kenneth W. Yeates, Mark A. Wagner, Van, Cott, Bagley, Cornwall & McCarthy, Salt Lake City, UT, David M. Friedland, Gus B. Bauman, David M. Williamson, Beveridge & Diamond, Washington, DC, W. Cullen Battle, Fabian & Clendenin, Salt Lake City, UT, for defendants.


DECISION

JENKINS, Senior District Judge.

Plaintiffs Utahns for Better Transportation, Mayor Rocky Anderson and the Sierra Club commenced this consolidated proceeding pursuant to the Administrative Procedure Act ("APA"), 5 U.S.C.A. §§ 702 et seq. (1996). They ask the Court to vacate the Record of Decision ("ROD") of the United States Army Corps of Engineers granting a Clean Water Act Section 404(b) Permit (January 9, 2001), and the Record...

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