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SAVE OUR VALLEY v. SOUND TRANSIT

No. 01-36172.

335 F.3d 932 (2003)

SAVE OUR VALLEY, Plaintiff-Appellant, v. SOUND TRANSIT (Central Puget Sound Regional Transit Authority); Bob White, Sound Transit Executive Director; Perry Weinberg, Sound Transit SEPA, Responsible Official; Transportation Dept U.S. Federal Transit Administration; Helen Knoll, Federal Transit Administration Regional Administrator Region X, Defendants-Appellees, and Sound Transit SEPA Responsible Official, Defendant.

United States Court of Appeals, Ninth Circuit.

Filed July 10, 2003.

Attorney(s) appearing for the Case

Michael W. Gendler, Bricklin & Gendler, LLP, and Eric Schnapper, University of Washington School of Law, of Seattle, Washington, for the plaintiff-appellant.

Desmond L. Brown, Central Puget Sound Regional Transit Authority, and Paul J. Lawrence and James A. Goeke, Preston Gates & Ellis LLP, of Seattle, WA, for the defendant-appellee.

Kimberly West-Faulcon of Los Angeles, CA, and Elaine R. Jones, Norman J. Chachkin, and James L. Cott of New York, NY, for amicus curiae NAACP Legal Defense and Education Fund, Inc.

Luke W. Cole of San Francisco, CA, for amicus curiae Center on Race, Poverty and the Environment.

Before: HILL, GOULD, and BERZON, Circuit Judges.

Opinion by Judge GOULD; Dissent by Judge BERZON.

OPINION

GOULD, Circuit Judge.

Save Our Valley, a community group, challenges the Central Puget Sound Regional Transit Authority's plan to build a light-rail line through the Rainier Valley south of Seattle, Washington. Save Our Valley argues that the project will have the effect of discriminating against Rainier Valley residents based on race in violation of a Department of Transportation regulation...

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