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FATH v. TEXAS DEPT. OF TRANSP

No. 17-50683.

924 F.3d 132 (2018)

Shudde FATH; Save Barton Creek Association; Friends of the Wildflower Center; Carole Keeton; Frank Cloud Cooksey; Jerry Jeff Walker; Susan Walker; Doctor Laurie Dries; Save Our Springs Alliance, Incorporated; MoPac Corridor Neighbors Alliance; The Friendship Alliance of Northern Hays County, Incorporated; Clean Water Action, Plaintiffs-Appellants v. TEXAS DEPARTMENT OF TRANSPORTATION; Central Texas Regional Mobility Authority, Defendants-Appellees

United States Court of Appeals, Fifth Circuit.

FILED July 17, 2018.

Attorney(s) appearing for the Case

William Gene Bunch , Kelly Deanne Davis , Save Our Springs Alliance, Clark Willis Richards , Richards Rodriguez & Skeith, L.L.P., Austin, TX, for Plaintiffs-Appellants.

Richards Rodriguez & Skeith, L.L.P., Office of the Attorney General for the State of Texas, Jane Webre , Casey LeGate Dobson , Attorney, Michael Lewis Merriman , Assistant U.S. Attorney, Scott, Douglass & McConnico, L.L.P., C. Brian Cassidy , Locke Lord, L.L.P., Austin, TX, for Defendants-Appellees.

Before JOLLY, JONES, and HAYNES, Circuit Judges.

Plaintiffs challenge Texas's plans for three highway projects in Austin. They argue Texas violated the National Environmental Policy Act ("NEPA") by treating the projects as separate projects in studying their environmental impact, instead of as a single project, and also by not studying "cumulative impact." The district court held that Texas...

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