Description: Challenge to approval of reintroduction of vehicular traffic to area in downtown Fresno, California.
Bitters v. Federal Highway Administration
Filing Date Type File Action Taken Summary 01/12/2016 Order Download Summary judgment for defendants. California Federal Court Found No NEPA Violations in Approval of Introduction of Vehicles to Downtown Fresno’s Fulton Mall. The federal district court for the Eastern District of California ruled against plaintiffs who challenged the approval of the reintroduction of vehicular traffic to the Fulton Mall area in downtown Fresno as part of a revitalization plan. The court upheld the finding of no significant impact for the project issued by the California Department of Transportation on behalf of the Federal Highway Administration, finding that the plaintiffs had failed to raise substantial questions as to whether the project would have significant impacts, including on greenhouse gas emissions. The court found that the environmental assessment considered “the potential traffic-generating effects of the project and accounted for expected future land uses.” The court also found no violations of Section 4(f) of the Department of Transportation Act.