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DAVIS v. MINETA

No. 01-4129.

302 F.3d 1104 (2002)

NICOLE DAVIS; Brad Davis; Kent Player; Matt Arnett; Rick Taylor; Jan Sharp; Dennis Dalley, Plaintiffs-Appellants, v. Norman Y. MINETA, Secretary, Department of Transportation; Mary E. Peters, Administrator, Federal Highway Administration; David Gibbs, Division Administrator, Federal Highway Administration, Utah Division; Thomas R. Warne, Executive Director, Utah Department of Transportation, Defendants-Appellees.

United States Court of Appeals, Tenth Circuit.

June 20, 2002.

Attorney(s) appearing for the Case

Jeffrey W. Appel (James L. Warlaumont and Jennifer L. Crane with him on the brief), Salt Lake City, Utah, for Plaintiffs-Appellants.

Jeffrey C. Dobbins, Attorney, U.S. Department of Justice Environment & Natural Resources Division, Washington, D.C. (Clay Samford and Andrew Mergen, Attorneys, U.S. Department of Justice Environment & Natural Resources Division, Washington, D.C., and Helen Mountford, Federal Highway Administration, Office of the Chief Counsel, San Francisco, California, of Counsel, with him on the brief), for Defendants-Appellees Norman Y. Mineta, Secretary, Department of Transportation; Mary E. Peters, Administrator, Federal Highway Administration; and David Gibbs, Division Administrator, Federal Highway Administration, Utah Division.

Thomas A. Mitchell, Assistant Attorney General, Steven F. Alder, Assistant Attorney General, Mark L. Shurtleff, Attorney General, Salt Lake City, Utah, for Defendant-Appellee Thomas R. Warne.

Before SEYMOUR, EBEL, and LUCERO, Circuit Judges.

EBEL, Circuit Judge.

Plaintiffs seek to enjoin defendants from proceeding with the construction of a highway project (the "Project") located within the cities of Draper, Sandy and South Jordan in Salt Lake County, Utah. Plaintiffs argue that defendants violated the National Environmental Protection Act (NEPA), 42 U.S.C. § 4332(C) and § 4(f) of the Department of Transportation Act, 49 U.S.C. § 303(c) when they prepared an inadequate Environmental Assessment...

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