North Idaho Community Action Network v. United States Department of Transportation

Plaintiff North Idaho Community Action Network (“NICAN”) appeals the district court’s grant of summary judgment in favor of defendants United States Department of Transportation (the “DOT”), Federal Highway Administration, and Idaho Transportation Department (collectively, the “Agencies”). NICAN challenges a proposed highway construction project on a portion of U.S. Highway 95 located in northern Idaho. NICAN claims that the Agencies violated the National Environmental Policy Act (“NEPA”), 42 U.S.C. § 4321 et seq., and Section 4(f) of the Department of Transportation Act, 49 U.S.C. § 303 (c). We affirm in part, reverse in part, and remand with instructions.

FACTS AND PROCEDURAL HISTORY

U.S. Highway 95 (“US-95”) currently runs through the heart of downtown Sand-point, Idaho, and is the only highway that ties northern Idaho to southern Idaho. The proposed highway construction project (the “Project”) will improve US-95 in and around Sandpoint.

The Project will be funded and constructed in four separate phases. The first, second, and fourth phases involve widening the existing highway to four lanes. The third phase involves realigning an approximate two-mile stretch of US-95 to…