Laguna Greenbelt, Inc. v. United States Department of Transportation

ORDER

Appellants’ petition for rehearing is denied. This court’s injunction is dissolved forthwith. Appellants’ suggestion for rehearing en banc will be considered in due course.

The opinion filed on December 2, 1994 is hereby amended as follows:

[Editors Note: Amendments incorporated for purposes of publication]

OPINION

The Laguna Greenbelt, Inc., The Laguna Canyon Conservancy, Stop Polluting Our Newport, and Save Our San Juan are four non-profit community organizations (collectively “Laguna”) that appeal the district court’s grant of summary judgment in favor of the U.S. Department of Transportation, the Federal Highway Administration (FHA), and the San Joaquin Hills Transportation Corridor Agency (TCA). Laguna contends that the FHA violated the National Environmental Policy Act (NEPA), 42 U.S.C. § 4321 et seq., by approving the Environmental Impact Statement (EIS) for the tollroad and by failing to prepare a Supplemental Environmental Impact Statement (SEIS) to address the effect of wildfires that broke out in the Laguna Greenbelt region after the EIS was approved. Laguna further contends that the FHA violated section 4(f) of the Transportation Act, 49 U.S.C. § 303 (c),…