Rethink35 v. Texas Department of Transportation

On June 16, 2023, three groups challenging the NEPA review for a highway project in Austin, Texas, stipulated to the dismissal of their lawsuit with prejudice. Their allegations had included that the Texas Department of Transportation failed to analyze impacts on climate change. In an interview with an Austin television station, the board president for one of the groups said the group was considering a separate suit to challenge a project affecting a different segment of the highway and did not have the capacity to pursue multiple lawsuits.

Three plaintiffs challenged the National Environmental Policy Act review for a highway widening project in Austin, Texas. In their complaint filed in the federal district court for the Western District of Texas, they alleged, among other things, that the Texas Department of Transportation failed to analyze impacts on climate change, including by failing to provide information about emissions that might result from increased traffic volumes.