SOUTHEAST ALASKA CONSERV. v. FED. HIGHWAY ADMIN.

No. 09-35551.

649 F.3d 1050 (2011)

SOUTHEAST ALASKA CONSERVATION COUNCIL; Skagway Marine Access Commission; Lynn Canal Conservation, Inc.; Alaska Public Interest Research Group; Sierra Club; Natural Resources Defense Council, Plaintiffs-Appellees, v. FEDERAL HIGHWAY ADMINISTRATION; United States Department of Transportation; Ray Lahood, in his official capacity as Secretary of Transportation; United States Forest Service; David C. Miller, in his official capacity as Division Administrator for the Federal Highway Administration; United States Department of Agriculture; Mark Rey, in his official capacity as Under Secretary of Agriculture; Dennis R. Bschor, in his official capacity as Alaska Regional Forester, Defendants, and State of Alaska, Defendant-intervenor-Appellant.

United States Court of Appeals, Ninth Circuit.

Filed May 4, 2011.


Attorney(s) appearing for the Case

Katherine S. Glover , Juneau, AK, for plaintiffs-appellees Southeast Alaska Conservation Council, et al.

Sean Lynch , Juneau, AK, for defendant-intervenor-appellant State of Alaska.

Opinion by Judge SCHROEDER, Dissent by Judge O'SCANNLAIN.


OPINION

SCHROEDER, Circuit Judge:

The issue in this environmental case is whether the district court properly ordered the State of Alaska to consider improving existing ferry service between Juneau and the communities of Haines and Skagway before proceeding with expensive construction of a new ferry terminal and highway through a national forest. We hold the district court was correct under settled environmental law.

Intervenor State of Alaska appeals...

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