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FRIENDS OF MAROLT v. U.S. DEPT. OF TRANSP.

No. 02-1480.

382 F.3d 1088 (2004)

FRIENDS OF MAROLT PARK, Plaintiff-Appellant, v. UNITED STATES DEPARTMENT OF TRANSPORTATION; Rodney E. Slater, in his official capacity as Secretary of the U.S. Department of Transportation, Defendants-Appellees. State of Colorado, Amicus Curiae.

United States Court of Appeals, Tenth Circuit.

September 8, 2004.

Attorney(s) appearing for the Case

Lori Potter, Kaplan, Kirsch & Rockwell, LLP, Denver, CO, for Plaintiff-Appellant.

Ellen J. Durkee, Appellate Section, Environment & Natural Resources Division, Department of Justice, Washington, D.C. (Thomas L. Sansonetti, Assistant Attorney General, Washington, D.C., David Ortez, Assistant Chief Counsel, U.S. Department of Transportation, San Francisco, CA, with her on the brief), for Defendants-Appellees.

Ken Salazar, Attorney General, Alan J. Gilbert, Solicitor General, Harry S. Morrow, First Assistant Attorney General, Denver, CO, filed an amicus curiae brief for the State of Colorado.

Before MURPHY, Circuit Judge, BRORBY, Senior Circuit Judge, and O'BRIEN, Circuit Judge.

MURPHY, Circuit Judge.

I. INTRODUCTION

In this case, plaintiff-appellant, Friends of Marolt Park, raises challenges under the National Environmental Policy Act ("NEPA"), 42 U.S.C. §§ 4321-4370f and § 4(f) of the Transportation Act, 49 U.S.C. § 303(c), to a Record of Decision ("ROD") issued by defendant-appellee, the United States Department of Transportation. The ROD authorized two alternative construction plans for a transit improvement...

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