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CONSERVATION LAW FOUNDATION v. FED. HIGHWAY ADMIN.

Case No. 06-cv-45-PB.

630 F.Supp.2d 183 (2007)

2007 DNH 106

CONSERVATION LAW FOUNDATION v. FEDERAL HIGHWAY ADMINISTRATION and New Hampshire Department of Transportation.

United States District Court, D. New Hampshire.

August 30, 2007.

Attorney(s) appearing for the Case

Thomas F. Irwin, Bradford W. Kuster, Conservation Law Foundation, Concord, NH, for Conservation Law Foundation.

Brian C. Toth, U.S. Dept of Justice-Environmental & Natural Resources, Beverly F. Li, U.S. Department of Justice (Environ), General Litigation Section, Washington, DC, Gretchen Leah Wittm, Andrew B. Livernois, Edith L. Pacillo, Mark P. Hodgdon, U.S. Attorney's Office, Concord, NH, for Federal Highway Administration and New Hampshire Department of Transportation.

MEMORANDUM AND ORDER

PAUL BARBADORO, District Judge.

Nearly twenty years ago, the New Hampshire Department of Transportation ("NHDOT") began to evaluate proposals to address traffic congestion and safety concerns associated with the 19.8-mile section of Interstate 93 ("I-93") between Salem and Manchester, New Hampshire. The project stalled for several years while NHDOT refined its traffic projection methodology but recommenced in 1999. In April 2004...

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