Citizens For Smart Growth, et al. v. Secretary, Dept. of Transp, et al., No. 11-11056 (11th Cir. 2012)
Annotate this CaseThis appeal concerned the actions and decisions of the FHWA and FDOT during the planning and development of the Indian Street Bridge Project in Martin County, Florida. Citizens brought this suit under the Administrative Procedures Act (APA), 5 U.S.C. 701-706, alleging that FHWA and FDOT violated both the National Environmental Protection Act of 1969 (NEPA), 42 U.S.C. 4321-4347, and Section 4(f) of the Department of Transportation Act, 49 U.S.C. 303, during development of the project. Citizens also requested an injunction to stop construction of the bridge. The court found no error in FHWA's incorporation of the local planning documents in the FEIS; concluded that FHWA's consideration of the relevant factors were sufficient and the Purpose and Needs Statement was not unduly narrow; concluded that appellees' compliance with NEPA was sufficient; rejected Citizens' argument that appellees erred by not completing a SEIS; and held that the analysis in the instant case demonstrated consideration that each of the alternatives was not feasible and prudent within the context of Section 4(f). Accordingly, the court affirmed the district court's denial of injunctive relief and grant of summary judgment in favor of FHWA and FDOT.
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