Babbitt

Sierra Club v. Babbitt

Good Law
69 F. Supp. 2d 1202·1999 WL 966127·50 ERC (BNA) 1263·1999 U.S. Dist. LEXIS 16708
United States District Court, Eastern District of CaliforniaJuly 12, 1999CV F 99-5219 AWI DLBCalifornia25,402 words

Opinion

Opinion

Ishii, J.

MEMORANDUM OPINION AND ORDER RE MOTIONS FOR SUMMARY JUDGMENT

This action challenges the reconstruction project by the National Park Service (“NPS”) regarding Highway 140 from Yosemite National Park’s western border to the Pohono Bridge (“the El Portal Road” or “the Road”). Plaintiffs originally sought to enjoin Defendants from taking any steps towards the continuation of the El Portal Road reconstruction project (“the Project”) until the NPS provides necessary consideration of all significant environmental effects in compliance with the National Environmental Policy Act, 42 U.S.C. § 4321 et seq. (“NEPA”), the Wild and Scenic Rivers Act, 16 U.S.C. § 1271 et seq. (“WSRA”), the National Park Organic Act, 16 U.S.C. § 1 , et seq., and the Administrative Procedures Act (“APA”), 5 U.S.C. § 701 et seq. Plaintiffs also seek various related types of declaratory relief.

On May 6, 1999, Plaintiffs filed a motion for summary judgment. On May 25, 1999, Defendants filed an opposition and counter motion for summary judgment.

This court has jurisdiction over Plaintiffs NEPA, WSRA, and Organic Act Claims pursuant to 28 U.S.C. § 1331 and 5 U.S.C. §§ 701-706 . Venue is proper in this district.

In…

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