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

Case No. 05-C-0212.

656 F.Supp.2d 868 (2009)

HIGHWAY J CITIZENS GROUP, U.A. and Waukesha County Environmental Action League, Plaintiffs, v. UNITED STATES DEPARTMENT OF TRANSPORTATION; Secretary of Transportation Ray LaHood; Federal Highway Administration; Acting Administrator of Federal Highway Administration Jeffrey Paniati; U.S. Army Corps of Engineers; District Engineer Colonel Jon L. Christensen; and Frank Busalacchi, Secretary of the State of Wisconsin Department of Transportation, Defendants.

United States District Court, E.D. Wisconsin.

September 14, 2009.

Attorney(s) appearing for the Case

Dennis M. Grzezinski, Law Office of Dennis M. Grzezinski, Charles H. Barr, Croen & Barr LLP, Joseph R. Cincotta, Law Offices of Joseph R. Cincotta, Milwaukee, WI, Elizabeth G. Rich, Petrie & Stocking SC, Plymouth, WI, for Plaintiffs.

Daniel R. Dertke, Pamela S. West, United States Department of Justice, Washington, DC, Kathleen M. Batha, Abigail CS Potts, Wisconsin Department of Justice Office of The Attorney General, Madison, WI, for Defendants.

DECISION AND ORDER

LYNN ADELMAN, District Judge.

In 2005, plaintiffs Highway J Citizens Group, U.A. ("Citizens"), and Waukesha County Environmental Action League ("WEAL") commenced this action pursuant to the Administrative Procedure Act ("APA"), 5 U.S.C. § 706, on behalf of their members, alleging that defendants, the Federal Highway Administration ("FHWA"), Army Corps of Engineers (the "Corps...

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