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SIERRA CLUB v. FEDERAL HIGHWAY ADMIN.

Civil Action No. H-09-0692.

715 F.Supp.2d 721 (2010)

SIERRA CLUB and Houston Audubon, Plaintiffs, v. FEDERAL HIGHWAY ADMINISTRATION, Department of Transportation, Secretary of Transportation Raymond LaHood, Texas Transportation Commission, Deirdre Delisi, Janice Brown, and Jeffrey F. Paniati, Defendants.

United States District Court, S.D. Texas, Houston Division.

May 19, 2010.

Attorney(s) appearing for the Case

Marisa Perales, Bradley Rockwell, Lowerre Frederick Perales Allmon and Rockwell, Austin, TX, James B. Blackburn, Jr., Blackburn Carter PC, Houston, TX, for Plaintiffs.

Jack Foster Gilbert, USDOT, Atlanta, GA, for Defendants Federal Highway Administration, Department of Transportation, Secretary of Transportation, Janice W. Brown, Jeffrey F. Paniati, and Sec. Transportation Raymond LaHood.

Lisa Marie McClain, Stephen L. Tatum Jr., Office of the Attorney General, Austin, TX, for Texas Transportation Commission and Deirdre Delisi.

MEMORANDUM OPINION AND ORDER

SIM LAKE, District Judge.

Sierra Club and Houston Audubon bring this action against the Federal Highway Administration ("FHWA") and other federal and state defendants seeking an injunction to block construction of a new highway in northwest Houston. At issue is whether the defendants' issuance of an Environmental Impact Statement ("EIS") approving the highway project violated the National Environmental Policy Act ("NEPA...

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