Coalition for Canyon Preservation v. Karl S. Bowers, Administrator, Federal Highway Administration

This is an environmental case involving the proposed construction of a 10.8 mile four-lane segment of U.S. Highway 2, the main access route into Glacier National Park. The Coalition for Canyon Preservation (Coalition) appeals from the judgment of the district court denying it all relief.

Four issues are raised on appeal: (1) did the district court abuse its discretion in holding that the suit was barred by laches; (2) was the environmental impact statement (EIS) inadequate under state and federal environmental policy acts because it did not adequately discuss secondary impacts and the alternative of an improved two-lane road; (3) was the Secretary of Transportation’s § 4(f) determination invalid because he failed to consider the “feasible and prudent” alternative of an improved two-lane road; and (4) did the public hearings procedures followed by defendants violate the regulations of the Federal-Aid Highway Act? For the reasons set forth below, we reverse and remand this case to the district court.

BACKGROUND

U.S. Highway 2 extends the width of Montana, running roughly parallel to the Canadian border and from 40 to 60 miles south of it; for most of its length in Montana the…