HIGHWAY J CITIZENS GROUP v. U.S. DEPT. OF TRANSP.

No. 17-1036.

891 F.3d 697 (2018)

HIGHWAY J CITIZENS GROUP, Waukesha County Environmental Action League, and Jeffrey M. Gonyo, Plaintiffs-Appellants, v. UNITED STATES DEPARTMENT OF TRANSPORTATION, et al., Defendants-Appellees.

United States Court of Appeals, Seventh Circuit.

Decided June 5, 2018.


Attorney(s) appearing for the Case

Eric Robert Glitzenstein, Attorney, Meyer Glitzenstein & Eubanks LLP, Suite 210, 4115 Wisconsin Avenue, N.W., Washington, DC 20016 for Plaintiffs-Appellants.

Mark R. Haag, Attorney, Avi Kupfer, Attorney, Robert Lundman, Attorney, Department of Justice, Environment & Natural Resources Division, P.O. Box 7415, Ben Franklin Station, Washington, DC 20044, Jonathan H. Koenig, Attorney, Office of the United States Attorney, 517 E. Wisconsin Avenue, Milwaukee, WI 53202 for Defendants-Appellees.

Before Easterbrook, Rovner, and Hamilton, Circuit Judges.


Wisconsin proposes to renovate a 7.5-mile stretch of Highway 164 (formerly known as Highway J), a two-lane road in southern Washington County. It was built in the 1960s with 5 to 6.5 inches of asphalt, a pavement expected to last 22 years, and resurfaced in 2000 with another 2.5 to 3.5 inches, expected to extend the road...

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