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FRIENDS OF CAPITAL CRESCENT v. FEDERAL TRANSIT

No. 17-5132, Consolidated with 17-5161, 17-5174, 17-5175.

877 F.3d 1051 (2017)

FRIENDS OF the CAPITAL CRESCENT TRAIL, et al., Appellees/Cross-Appellants v. FEDERAL TRANSIT ADMINISTRATION, et al., Appellants/Cross-Appellees. State of Maryland, Intervenor-Appellant/Cross-Appellee.

United States Court of Appeals, District of Columbia Circuit.

Decided December 19, 2017.

Attorney(s) appearing for the Case

Kevin W. McArdle , Attorney, U.S. Department of Justice, argued the cause for appellants/cross-appellees Federal Transit Administration, et al. With him on the briefs were Jeffrey H. Wood , Acting Assistant Attorney General, Eric Grant , Deputy Assistant Attorney General, Matthew Littleton and Erika Kranz , Attorneys, Paul M. Geier , Assistant General Counsel, U.S. Department of Transportation, and Charles E. Enloe and Joy K. Park , Attorneys.

Nick Goldstein , James M. Auslander , and Gus B. Bauman , Washington, DC, were on the brief for amicus curiae American Road & Transportation Builders Association in support of appellants/cross-appellees.

Albert M. Ferlo , Washington, DC, argued the cause for intervenor-appellant/cross-appellee State of Maryland. With him on the briefs were Eric D. Miller , Seattle, WA, William G. Malley , Washington, DC, Brian E. Frosh , Attorney General, Office of the Attorney General for the State of Maryland, and Julie T. Sweeney , Assistant Attorney General. Linda DeVuono , Assistant Attorney General, entered an appearance.

Jared M. McCarthy and Milton E. McIver , Landover, MD, were on the brief for amicus curiae Prince George's County, Maryland.

John P. Markovs was on the brief for amicus curiae Montgomery County, Maryland.

Eric R. Glitzenstein , Washington, DC, argued the cause for appellees/cross-appellants Friends of the Capital Crescent Trail, et al. With him on the briefs was David W. Brown.   William S. Eubanks, II , Black Mountain, NC, entered an appearance.

Before: Garland, Chief Judge, and Rogers and Srinivasan, Circuit Judges.

This case concerns multiple challenges under the National Environmental Policy Act to Maryland's proposed "Purple Line" light rail project. Two orders of the district court are principally at issue. In the first order, the district court directed the Federal Transit Administration ("FTA") to prepare a supplemental Environmental...

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