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HISTORIC BRIDGE FOUNDATION v. BUTTIGIEG

No. 21-1188.

22 F.4th 275 (2022)

HISTORIC BRIDGE FOUNDATION; Friends of the Frank J. Wood Bridge; National Trust for Historic Preservation in the United States, Plaintiffs, Appellants, v. Pete BUTTIGIEG, in his official capacity as Secretary of the United States Department of Transportation; Todd Jorgensen, in his official capacity as the Administrator of the Maine Division of the FHWA; Stephanie Pollack, in her official capacity as Deputy Administrator of the Federal Highway Administration; Bruce Van Note, in his capacity as Commissioner of the Maine Department of Transportation, Defendants, Appellants.

United States Court of Appeals, First Circuit.

January 4, 2022.

Attorney(s) appearing for the Case

Andrea C. Ferster , with whom Phelps Turner and Conservation Law Foundation were on brief, for appellants.

Elizabeth S. Merritt for National Trust for Historic Preservation in the United States, appellant.

Jonathan M. Dunitz , with whom Martha C. Gaythwaite and Verrill Dana, LLP were on brief, for Waterfront Maine, Brunswick, LLC, amicus curiae.

Sommer H. Engels , with whom Jean E. Williams , Acting Assistant Attorney General, Environment and Natural Resources Division, U.S. Department of Justice, Ellen J. Durkee , Joshua P. Wilson , and Gregory M. Cumming , Attorneys, Environment and Natural Resources Division, U.S. Department of Justice, and Silvio Morales , Attorney, U.S. Department of Transportation, were on brief, for Pete Buttigieg, Todd Jorgensen, and Stephanie Pollack, appellees.

Thomas A. Knowlton , Deputy Attorney General, with whom Aaron M. Frey , Attorney General, and James Billings , Chief Counsel, Maine Department of Transportation, were on brief, for Bruce Van Note, appellee.

Before Kayatta and Barron, Circuit Judges, and Talwani, District Judge.

The Frank J. Wood Bridge ("the Bridge") has served for nearly ninety years as a key connection between Topsham and Brunswick in Maine. Now though, it is potentially unsafe and getting worse. So the question is, what to do? The state of Maine has decided to tear it down and replace it with a modern bridge. Friends of the Frank...

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