JAPANESE VILLAGE, LLC v. FEDERAL TRANSIT ADMIN.

No. 14-56837, No. 14-56973.

843 F.3d 445 (2016)

JAPANESE VILLAGE, LLC, a California Limited Liability Company, Plaintiff-Appellant, v. FEDERAL TRANSIT ADMINISTRATION; Carolyn Flowers, in her official capacity as Acting Administrator of the Federal Transit Administration; Leslie T. Rogers, in his official capacity as Regional Administrator of the Region IX Office of the Federal Transit Administration; U.S. Department of Transportation; Anthony Foxx, in his official capacity as Secretary of the U.S. Department of Transportation; Los Angeles Metropolitan Transportation Authority, a California-chartered Regional Transportation Planning Agency, Defendants-Appellees. Today's IV, Inc., DBA Westin Bonaventure Hotel and Suites, a California Corporation, Plaintiff-Appellant, v. Federal Transit Administration; Carolyn Flowers, in her official capacity as administrator of the Federal Transit Administrator; Leslie T. Rogers, in his official capacity as Regional Administrator of the Federal Transit Administrations Region IX Office; United States Department of Transportation; Anthony Foxx, in his official capacity as Secretary of the United States Department of Transportation; Los Angeles County Metropolitan Transportation Authority, a public entity; Arthur T. Leahy, in his official capacity as Chief Executive Officer of the Los Angeles County Metropolitan Transportation Authority, Defendants-Appellees.

United States Court of Appeals, Ninth Circuit.

Filed December 6, 2016.


Attorney(s) appearing for the Case

Robert D. Crockett (argued), Courtney Vandreuil , and Chase Tajima , Crockett & Associates, Santa Clarita, California, for Plaintiff-Appellant Japanese Village, LLC.

Christopher Sutton (argued), Law Office of Christopher Sutton, Pasadena, California; Robert P. Silverstein and Bradly S. Torgan , The Silverstein Law Firm APC, Pasadena, California, for Plaintiff-Appellant Today's IV, Inc.

Erika B. Kranz (argued), J. David Gunter, II , and Jared Pattinato , Attorneys; John C. Cruden , Assistant Attorney General; Environment and Natural Resources Division, United States Department of Justice, Washington, D.C., for Federal Defendants-Appellees.

Whitman F. Manley and Tiffany K. Wright , Remy Moose Manley LLP, Sacramento, California; Mark J. Saladino , County Counsel; Charles M. Safer , Assistant County Counsel; Ronald W. Stamm , Principal Deputy County Counsel; Los Angeles County Counsel, Los Angeles, California; for Defendant-Appellee Los Angeles County Metropolitan Transportation Authority.

Before: Stephen Reinhardt and Kim McLane Wardlaw, Circuit Judges, and Ronald M. Whyte, District Judge.


OPINION

Appellants Japanese Village, LLC and Today's IV, Inc. dba Westin Bonaventure Hotel ("Bonaventure") appeal from the district court's grant of summary judgment in favor of Appellees on Appellants' claims under the National Environmental Policy Act, 42 U.S.C. § 4321 ("NEPA"). Appellants argue that Appellees...

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