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CITIZENS AGAINST PELLISSIPPI v. MINETA

No. 02-6536.

375 F.3d 412 (2004)

CITIZENS AGAINST THE PELLISSIPPI PARKWAY EXTENSION, INC., Plaintiff-Appellee, v. Norman Y. MINETA, Secretary of the United States Department of Transportation, official capacity; Mary Peters, Administrator of the Federal Highway Administration, official capacity; Charles Boyd, Division Administrator for the Nashville Division, FHWA, official capacity, Defendants-Appellants, J. Bruce Saltsman, Commissioner of the Tennessee Department of Transportation, individual and official capacities; Charles Bush, Manager of Environmental Planning and Permits for TDOT, individual and official capacities, Defendants.

United States Court of Appeals, Sixth Circuit.

Decided and Filed July 7, 2004.

Attorney(s) appearing for the Case

Joe W. McCaleb (argued and briefed), Hendersonville, TN, for Plaintiff-Appellee.

Michael L. Roden, Asst. U.S. Attorney, Nashville, TN, John L. Smeltzer (argued and briefed), U.S. Department of Justice Environment Division Appellate Section L'Enfant Plaza Station, Washington, DC, James C. Thomason, III, Regional Counsel, Office of the Federal Highway Administration, Linda J. Amidon, Federal Highway Administration Southern Legal Services, Atlanta, GA, for Defendants-Appellants.

Before: MARTIN and ROGERS, Circuit Judges; BELL, Chief District Judge.

OPINION

ROGERS, Circuit Judge.

To comply with the National Environmental Policy Act (NEPA), the Federal Highway Administration (the "FHWA"), in conjunction with federal and state agencies, issued a finding of no significant impact ("FONSI") for a proposed 4.5 mile extension of a highway in Tennessee. Subsequently, a citizens group opposed to the extension brought suit in federal district court alleging that the agency's finding violated NEPA because it did...

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