Armbrister

OVERVIEW

Alaska Center for the Environment and several other organizations (referred to collectively as “ACE”) challenge the decision to construct and fund a road from Portage to Whittier, Alaska. Pursuant to a joint state-federal transportation project, the Federal Highway Administration (FHWA) approved the construction of the road and agreed to provide funding for the construction. ACE contends that, in reaching this decision, the FHWA violated section 4(f) of the Department of Transportation Act, 49 U.S.C. § 303 (c), 23 U.S.C. § 138 ; and the National Environmental Policy Act (NEPA), 42 U.S.C. §§ 4321 -4370d.

The district court granted the FHWA’s summary judgment motion. ACE now appeals. We have jurisdiction pursuant to 28 U.S.C. § 1291 , and we affirm.

FACTS

Whittier has a population of approximately 250 full-time residents. There is currently no road access into Whittier. Whittier is separated from the state highway system and the community of Portage by approximately twelve miles of undeveloped land. The Alaska Railroad provides the only ground transportation to Whittier. All parties agree the current rail system is inadequate to satisfy the demand for access into…