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SIERRA CLUB NORTH STAR CHAPTER v. PENA

No. 4-96-547 (ADM/JGL).

1 F.Supp.2d 971 (1998)

SIERRA CLUB NORTH STAR CHAPTER and Voyageurs Region National Park Association, Plaintiffs, and City of Oak Park Heights, Plaintiff-Intervenor, v. Federico PENA, Secretary of the United States Department of Transportation; Rodney Slater, Administrator of the Federal Highway Administration; Bruce Babbitt, Secretary of the United States Department of the Interior; and Roger Kennedy, Director of the National Park Service, Defendants, and James Denn, Commissioner, Minnesota Department of Transportation; State of Wisconsin Department of Transportation; City of Stillwater, Defendant-Intervenors.

United States District Court, D. Minnesota.

April 13, 1998.

Attorney(s) appearing for the Case

Richard A. Duncan, Brian B. O'Neill, Elizabeth H. Schmiesing, Faegre & Benson LLP, Minneapolis, MN, appeared on behalf of Sierra Club North Star Chapter and Voyageurs Region National Park Association.

Mark J. Vierling, Eckberg, Lammers, Briggs, Wolff & Vierling, P.L.L.P., Stillwater, MN, appeared on behalf of the City of Oak Park Heights.

Paul F. Holleman, Assistant Attorney General, United States Department of Justice, appeared on behalf of the United States.

Sherry A. Enzler, Assistant Attorney General, State of Minnesota, appeared on behalf of the Minnesota Department of Transportation.

David T. Magnuson, City Attorney, Stillwater, Minnesota, argued on behalf of the City of Stillwater.

MEMORANDUM OPINION AND ORDER

MONTGOMERY, District Judge.

I. INTRODUCTION

The above-entitled matter came on for hearing before the undersigned United States District Judge on January 16, 1998, pursuant to the Minnesota Department of Transportation's ("MDOT") Motion for Partial Summary Judgment. MDOT, in conjunction with the Wisconsin Department of Transportation ("WDOT"), seeks to build a four-lane bridge across the Lower St. Croix River, a river...

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