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PRAIRIE BAND POTTAWATOMIE v. FEDERAL HIGHWAY

Civil Action No. 08-2534-KHV.

751 F.Supp.2d 1174 (2010)

PRAIRIE BAND POTTAWATOMIE NATION; Sierra Club; Wetlands Preservation Organization; Jayhawk Audubon Society; Save the Wakarusa Wetlands, Inc.; Kansas University Environs; and EcoJustice, Plaintiffs, v. FEDERAL HIGHWAY ADMINISTRATION and Kansas Department of Transportation, Defendants.

United States District Court, D. Kansas.

November 5, 2010.

Attorney(s) appearing for the Case

Kelly Kauffman, Robert Vinson Eye, Kauffman & Eye, David Prager, III, Topeka, KS, for Plaintiffs.

Jackie A. Rapstine, Office of United States Attorney, Oswald S. Dwyer, Jr., Vicky S. Johnson, Kansas Department of Transportation, Topeka, KS, Maureen E. Rudolph, U.S. Department of Justice, Environment & Natural Resources Division, Washington, DC, Eldon J. Shields, Gates, Shields & Ferguson, P.A., Overland Park, KS, for Defendants.

MEMORANDUM AND ORDER

KATHRYN H. VRATIL, District Judge.

The Prairie Band Pottawatomie Nation, Sierra Club, Wetlands Preservation Organization, Jayhawk Audubon Society, Save the Wakarusa Wetlands, Inc., Kansas University Environs and EcoJustice bring suit against the Federal Highway Administration ("FHWA") and the Kansas Department of Transportation ("KDOT"). Plaintiffs challenge the Record of Decision in which the FHWA selected a particular route...

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