SHENANDOAH VALLEY NETWORK; Coalition for Smarter Growth; Rockbridge Area Conservation Council; Virginia Organizing Project; Scenic Virginia Incorporated; Valley Conservation Council; Sierra Club; National Trust for Historic Preservation in the United States; APVA Preservation Virginia, Plaintiffs-Appellants, and
Larry Allamong, Plaintiff,
v.
J. Richard CAPKA, Administrator, Federal Highway Administration; Mary Peters, Secretary, United States Department of Transportation; Roberto Fonseca-Martinez, Virginia Division Administrator Federal Highway Administration, Defendants-Appellees,
v.
Virginia Department of Transportation; Virginia Secretary of Transportation, Pierce Homer; Commonwealth of Virginia; Commissioner of Transportation, David S. Ekern, Intervenors-Appellees.
United States Court of Appeals, Fourth Circuit.https://leagle.com/images/logo.png
Argued: December 8, 2011.
Decided: February 17, 2012.
Attorney(s) appearing for the Case
ARGUED: Matthew E. Price , Jenner & Block, LLP, Washington, D.C., for Appellants. Sambhav N. Sankar , United States Department of Justice, Washington, D.C., for Appellees. ON BRIEF: Andrea C. Ferster , Washington, D.C., for Appellants; Elizabeth S. Merritt , Deputy General Counsel, Paul W. Edmondson , Vice President & General Counsel, National Trust for Historic Preservation, Washington, D.C., for Appellant National Trust for Historic Preservation. Kenneth T. Cuccinelli, II , Attorney General, Suzanne T. Ellison , Senior Assistant Attorney General, Office of the Attorney General, Richmond, Virginia; Timothy J. Heaphy , United States Attorney, Anthony P. Giorno , Assistant United States Attorney, Office of the United States Attorney, Roanoke, Virginia; Ignacia S. Moreno , Assistant Attorney General, United States Department of Justice, Environment & Natural Resources Division, Washington, D.C.; Tracy White , United States Department of Transportation, Federal Highway Administration, Baltimore, Maryland, for Appellees.
Dismissed by published opinion. Judge WILKINSON wrote the opinion, in which Judge KING and Judge KEENAN joined.
United States Court of Appeals, Fourth Circuit.
OPINION
WILKINSON, Circuit Judge:
The Federal Highway Administration ("FHWA") and the Virginia Department of Transportation ("VDOT") (collectively, "the Agencies") are planning improvements to Virginia's Interstate 81 corridor using a tiered review process. Appellants—a group of environmental and preservation organizations—challenged the Agencies' execution of the tiered process, alleging various...
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