Mineta

MEMORANDUM *

Citizens for Mobility (Citizens) alleges that the environmental review by Sound Transit and the Federal Transit Administration (FTA) (collectively, “the agencies”) for the Central Link Light Rail Project violated the National Environmental Policy Act (NEPA), 42 U.S.C. § 4321 et seq. The district court granted summary judgment to the agencies, and we affirm. We have jurisdiction under 28 U.S.C. § 1291 .

Citizens first argues that the agencies should have prepared a supplemental environmental impact statement (EIS) for the Initial Segment of the Central Link Light Rail Project. We set aside the agencies’ decision not to complete a supplemental EIS only if that decision was arbitrary and capricious. Marsh v. Oregon Natural Res. Council, 490 U.S. 360, 375-76 , 109 S.Ct. 1851 , 104 L.Ed.2d 377 (1989). The agencies completed an environmental assessment (EA) on the impacts of the Initial Segment, including the effects of running both buses and trains through the Downtown Seattle Transit Tunnel (Tunnel). The FTA issued a finding of no significant impact (FONSI) based on the EA. Assuming without deciding that NEPA applies, we hold that the FONSI was not arbitrary and…