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NORTH IDAHO COMMUNITY v. U.S. DEPT. OF TRANSP.

No. 08-35283.

545 F.3d 1147 (2008)

NORTH IDAHO COMMUNITY ACTION NETWORK, Plaintiff-Appellant, v. UNITED STATES DEPARTMENT OF TRANSPORTATION; Mary E. Peters, U.S. Secretary of Transportation; United States Federal Highway Administration; Thomas J. Madison, Jr., Administrator, U.S. Federal Highway Administration; Peter Hartman, Division Administrator, Idaho Division, U.S. Federal Highway Administration; Edwin B. Johnson, Field Operations Engineer, Idaho Division, U.S. Federal Highway Administration; United States Fish & Wildlife Service; Idaho Transportation Department; Pamela Lowe, Director, Idaho Transportation Department, Defendants-Appellees.

United States Court of Appeals, Ninth Circuit.

Filed October 6, 2008.

Attorney(s) appearing for the Case

Matthew K. Bishop, Western Environmental Law Center, Helena, MT, for the plaintiff-appellant.

Deborah A. Ferguson, Assistant United States Attorney, Office of the United States Attorney for the District of Idaho, Boise, ID, for appellee United States of America; Murray D. Feldman, Holland & Hart, LLP, Boise, ID, for appellees Idaho Transportation Department, et al.

Before: T.G. NELSON, HAWKINS, and JAY S. BYBEE, Circuit Judges.

PER CURIAM:

Plaintiff North Idaho Community Action Network ("NICAN") appeals the district court's grant of summary judgment in favor of defendants United States Department of Transportation (the "DOT"), Federal Highway Administration, and Idaho Transportation Department (collectively, the "Agencies"). NICAN challenges a proposed highway construction project on a portion of U.S. Highway 95 located in northern Idaho. NICAN claims that the Agencies violated the National...

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