Appellant-Wisc. State Dept. of Transportation lacked standing to pursue appeal of Dist. Ct. order that vacated Federal Dept. of Transportation’s (USDOT) Record of Decision permitting use of federal funds to complete widening of Wisc. Route 23, after Dist. Ct. found that said Record of Decision was based on faulty environmental impact statement that failed to explain how traffic loads on said road had been calculated. Only relief at issue in Dist. Ct.’s order was against USDOT, and appellant was always free to continue road project through use of its own funds. Moreover, appellant cannot seek relief from Dist. Ct.’s order that did not bind it, and appellant otherwise failed to contend that USDOT had statutory duty to fund road project or to appeal instant adverse decision. Also, while result of USDOT’s failure to appeal Dist. Ct. order would result in appellant having to expend money to complete road project, appellant’s injury in this regard could not be addressed in instant appeal. (Dissent filed.)
Federal 7th Circuit Court
Civil Court
Standing