Fath v. Texas Department of Transportation, No. 17-50683 (5th Cir. 2018)Annotate this Case
The Fifth Circuit affirmed the district court's decision holding that Texas complied with the National Environment Protection Act (NEPA) in planning for three highway projects in Austin. The court held that TxDot complied with NEPA by studying the three highway projects as separate projects, instead of as a single project, to determine their environmental impacts. The court also held that, given the overpass project's limited scope and location over busy urban intersections, it was not arbitrary and capricious for TxDot to limit its cumulative impact analysis where the record supported its finding that the project would have no significant direct or indirect impact.