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BAIR v. CALIFORNIA DEPT. OF TRANSP

No. 19-16478.

982 F.3d 569 (2020)

Bess BAIR; Trisha Lee Lotus; Jeffrey Hedin; David Spreen; Center for Biological Diversity; Environmental Protection Information Center; Californians for Alternatives to Toxics; Friends of Del Norte, Plaintiffs-Appellees, v. CALIFORNIA DEPARTMENT OF TRANSPORTATION; Toks Omishakin, in his capacity as Director of the California Department of Transportation, Defendants-Appellants.

United States Court of Appeals, Ninth Circuit.

Filed December 2, 2020.

Attorney(s) appearing for the Case

Stacy Jayne Lau (argued), Michael A.G. Einhorn , and Angela Wuerth ; Lucille Y. Baca , Assistant Chief Counsel; G. Michael Harrington , Deputy Chief Counsel; Erin E. Holbrook , Chief Counsel; State of California Department of Transportation — Legal Division, Oakland, California; for Defendants-Appellants.

Stuart G. Gross (Argued) and Timothy S. Kline , Gross & Klein LLP, San Francisco, California; Todd R. Gregorian and Garner F. Kropp , Fenwick & West LLP, San Francisco, California; for Plaintiffs-Appellees.

Concurrence by Judge Wardlaw.

OPINION

This environmental appeal arises from a highway improvement project proposed by the California Department of Transportation (collectively with its director, Toks Omishakin, Caltrans). Plaintiffs Bess Bair, Trisha Lee Lotus, Jeffrey Hedin, David Spreen, the Center for Biological Diversity, the Environmental...

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