Dist. Ct. did not err in granting defendants’ motion for summary judgment in action by plaintiffs seeking preliminary injunction to require defendants to perform additional environmental studies with respect to proposed 7.5-mile road project that entailed widening and certain upgrades to existing road. Defendants had already generated 141-page environmental report that concluded that project would not cause any significant environmental effects, but would reduce accident and injury rates, and Federal Highway Administration had approved said report and found that it was unnecessary to prepare environmental impact statement. Ct. of Appeals rejected plaintiffs’ claim that agency’s failure to write separate decision indicated that agency had not given project independent consideration, since no statute required separate report. Moreover, it was irrelevant that report had failed to analyze cumulative effect of different highway projects on environment, and plaintiffs otherwise failed to present evidence to demonstrate that instant project had significant environmental impacts.
Federal 7th Circuit Court
Civil Court
Environmental Law