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

No. 01-4216.

305 F.3d 1152 (2002)

UTAHNS FOR BETTER TRANSPORTATION; Ross C. "Rocky" Anderson, in his official capacity as Mayor of Salt Lake City, Utah; Paul C. Hunter; Rosemarie M. Hunter, Plaintiffs, and Sierra Club, Plaintiff-Appellant, v. UNITED STATES DEPARTMENT OF TRANSPORTATION; Norman Mineta, Secretary, United States Department of Transportation; Federal Highway Administration; Mary E. Peters, Administrator, Federal Highway Administration; David Gibbs, Division Administrator of the Utah Division of the Federal Highway Administration; U.S. Army Corps of Engineers; Michael J. Conrad, Colonel, District Engineer of the Sacramento District; Brooks Carter, Chief of the Intermountain Regulatory Section; Federal Transit Administration; Jennifer L. Dorn, Administrator of the Federal Transit Administration; Lee Waddleton, Regional Administrator of the Federal Transit Administration and his successor, Defendants-Appellees. State of Utah; Utah Department of Transportation, Intervenors. Utahns For Better Transportation, Plaintiff-Appellant, and Ross C. "Rocky" Anderson, in his official capacity as Mayor of Salt Lake City, Utah; Sierra Club; Paul C. Hunter; Rosemarie M. Hunter, Plaintiffs, v. UNITED States Department of Transportation; Federal Highway Administration; Mary E. Peters, Administrator, Federal Highway Administration; David Gibbs, Division Administrator of the Utah Division of the Federal Highway Administration; U.S. Army Corps of Engineers; Michael J. Conrad, Colonel, District Engineer of the Sacramento District; Brooks Carter, Chief of the Intermountain Regulatory Section; Norman Mineta, Secretary of the United States Department of Transportation; Federal Transit Administration; Jennifer L. Dorn, Administrator of the Federal Transit Administration; Lee Waddleton, Regional Administrator of the Federal Transit Administration and his successor, Defendants-Appellees. State of Utah; Utah Department of Transportation, Intervenor. Utahns for Better Transportation; Sierra Club; Paul C. Hunter; Rosemarie M. Hunter, Plaintiffs, and Ross C. "Rocky" Anderson, in his official capacity as Mayor of Salt Lake City, Utah, Plaintiff-Appellant, v. United States Department of Transportation; Norman Mineta, Secretary, United States Department of Transportation; Federal Highway Administration; Mary E. Peters, Administrator, Federal Highway Administration; David Gibbs, Division Administrator of the Utah Division of the Federal Highway Administration; U.S. Army Corps Of Engineers; Michael J. Conrad, Colonel, District Engineer of the Sacramento District; Brooks Carter, Chief of the Intermountain Regulatory Section; Federal Transit Administration; Jennifer L. Dorn, Administrator of the Federal Transit Administration; Lee Waddleton, Regional Administrator of the Federal Transit Administration and his successor, Defendants-Appellees, State of Utah; Utah Department of Transportation, Intervenors.

United States Court of Appeals, Tenth Circuit.

September 16, 2002.


Attorney(s) appearing for the Case

Craig D. Galli (Michael J. Malmquist, and H. Douglas Owens of Parsons Behle & Latimer, Salt Lake City, UT, and Robert W. Adler, Professor of Law, University of Utah College of Law, for Plaintiff-Appellant Utahns for Better Transportation; Steven W. Dougherty of Anderson & Karrenberg, Salt Lake City, UT, for Plaintiff-Appellant Ross C. "Rocky" Anderson; Patrick Gallagher, San Francisco, CA, and Joro Walker of Land and Water Fund of the Rockies, Salt Lake City, UT, for Plaintiff-Appellant Sierra Club, with him on the briefs).

Margaret N. Strand of Venable, Baetjer, Howard & Civiletti, LLP, Washington, DC, for Appellee State of Utah; and Sandra Slack Glover, Attorney, U.S. Department of Justice, Environment & Natural Resources Division, Washington, DC, for the Federal Appellees (Mark L. Shurtleff, Attorney General, and Thomas A. Mitchell, Assistant Attorney General, State of Utah, for Appellee State of Utah; Thomas L. Sansonetti, Assistant Attorney General; Paul M. Warner, United States Attorney; Carlie Christensen, Assistant United States Attorney; Daniel Pinkston and Clay Samford, Attorneys, U.S. Department of Justice, Environment & Natural Resources Division, Washington, DC; Helen Mountford, Office of the Chief Counsel, Federal Highway Administration; and Lisa Clay, Assistant District Counsel, U.S. Army Corps of Engineers, for the Federal Appellees, with them on the brief).

Before KELLY, Circuit Judge, BRORBY, Senior Circuit Judge, and HARTZ, Circuit Judge.


PAUL KELLY, Jr., Circuit Judge.

This appeal arises from the district court's order denying the Appellants' request that the Records of Decision issued by the Federal Highway Administration and the U.S. Army Corps of Engineers (collectively the "Agencies") concerning the Legacy Parkway project be vacated and that the Legacy Parkway Final Environmental Impact Statement be remanded for further agency action. The district court...

Let's get started

Leagle.com

Welcome to the leading source of independent legal reporting
Sign on now to see your case.
Or view more than 10 million decisions and orders.

  • Updated daily.
  • Uncompromising quality.
  • Complete, Accurate, Current.

Listed below are the cases that are cited in this Featured Case. Click the citation to see the full text of the cited case. Citations are also linked in the body of the Featured Case.

Cited Cases

  • No Cases Found

Listed below are those cases in which this Featured Case is cited. Click on the case name to see the full text of the citing case.

Citing Cases