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ZEPPELIN v. FEDERAL HIGHWAY ADMIN.

Civil Action No. 17-cv-1661-WJM-MEH Consolidated with 17-cv-1679-WJM-MEH.

293 F.Supp.3d 1267 (2017)

Kyle ZEPPELIN; Brad Evans; Christine O'Connor; Kimberly Morse; Jacqueline Lansing; Janet Feder; and Sierra Club; Elyria and Swansea Neighborhood Association; Chaffee Park Neighborhood Association; and Colorado Latino Forum, Plaintiffs, v. FEDERAL HIGHWAY ADMINISTRATION, Elaine Chao, in her official capacity as Secretary of Transportation; and John M. Carter, in his official capacity as Division Administrator, Defendants, and Colorado Department of Transportation, and Shailen P. Bhatt, in his official capacity as Executive Director of the Colorado Department of Transportation, Defendant-Intervenors.

United States District Court, D. Colorado.

Signed November 9, 2017.

Attorney(s) appearing for the Case

Aaron David Goldhamer, Melissa A. Hailey, Keating Wagner Polidori & Free, P.C., Denver, CO, James Jay Tutchton, Centennial, CO, Andrea S. Gelfuso, Andrea Gelfuso, Attorney at Law, Lakewood, CO, Gregory Nicholas Corbin, Milligan Rona Duran & King, LLC, Denver, CO, Robert E. Yuhnke, Robert E. Yuhnke & Associates, Gresham, OR, for Plaintiffs.

Carter Fleeth Thurman, Mayte Santacruz, Washington, DC, David A. Carson, U.S. Department of Justice-Denver-ENRS Environment & Natural Resources Section, Denver, CO, for Defendants.

ORDER REGARDING SUBJECT MATTER JURISDICTION

A portion of Interstate 70 ("I-70") running through northeast Denver was constructed in the 1960s as a viaduct running above the neighborhoods through which it passed. This structure has apparently caused concern for some time in light of its...

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