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Indian River County, Florida v. U.S. Department of Transportation

Filing Date: 2018
Case Categories:
  • Federal Statutory Claims
    • NEPA
Principal Laws:
National Environmental Policy Act (NEPA), Internal Revenue Code
Description: Challenge to federal allocation for passenger railroad in Florida.
  • Indian River County, Florida v. U.S. Department of Transportation
    Docket number(s): 1:18-cv-00333
    Court/Admin Entity: D.D.C.
    Case Documents:
    Filing Date Type File Action Taken Summary
    12/24/2018 Memorandum Opinion Download Defendants' and intervenor-defendant's motions for summary judgment granted and plaintiff's motion for summary judgment denied. The court granted summary judgment to the defendants. The opinion did not address sea level rise.
    11/26/2018 Stipulation Download Joint stipulation of dismissal with prejudice filed as to claims brought by Martin County and Citizens Against Rail Expansion in Florida.
    02/13/2018 Complaint Download Complaint filed. Lawsuit Filed Challenging Environmental Review of Florida Passenger Railroad, Including Failure to Assess Sea Level Rise Impacts. Two Florida counties, a county emergency services district, and non-profit citizens group filed a lawsuit challenging federal allocation of tax-exempt private activity bonds for Phase II of the “All Aboard Florida Project,” a proposed passenger railroad between Miami and Orlando. The plaintiffs asserted that the federal defendants did not take a hard look at the project’s environmental impacts under NEPA, including adverse environmental impacts from sea level rise. The plaintiffs also asserted that the project was not eligible for private activity bonds and that the defendants violated the Internal Revenue Code’s requirement for obtaining approval from all governmental units with jurisdiction over a project.
  • Indian River County, Florida v. U.S. Department of Transportation
    Docket number(s): 19-5012
    Court/Admin Entity: D.C. Cir.
    Case Documents:
    Filing Date Type File Action Taken Summary
    12/20/2019 Opinion Download Summary judgment for defendants and defendant-intervenor affirmed.

© 2023 · Sabin Center for Climate Change Law · U.S. Litigation Chart made in collaboration with Arnold & Porter Kaye Scholer LLP

The materials on this website are intended to provide a general summary of the law and do not constitute legal advice. You should consult with counsel to determine applicable legal requirements in a specific fact situation.