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Today’s IV, Inc. v. Federal Transit Administration

Filing Date: 2013
Case Categories:
  • Federal Statutory Claims
    • NEPA
Principal Laws:
National Environmental Policy Act (NEPA)
Description: Challenge to Los Angeles subway project.
  • Today’s IV, Inc. v. Federal Transit Administration
    Docket number(s): LA CV 13-00378
    Court/Admin Entity: C.D. Cal.
    Case Documents:
    Filing Date Type File Action Taken Summary
    02/05/2016 Order Download Injunction dissolved after supplemental NEPA analysis was completed.
    09/12/2014 Order Download Grants defendants' motion to strike; denies defendants' motion for reconsideration; grants in part plaintiffs' request for injunctive relief. The federal district court for the Central District of California ruled in May 2014 that the review under the National Environmental Policy Act (NEPA) for a subway project in Los Angeles was adequate except for the analysis of alternative construction methods for one segment of the project. In September 2014, the court partially vacated the record of decision, but declined to issue an injunction that would bar utility relocation, purchase of tunnel boring equipment, and certain tunneling activities. The court found that plaintiffs had not shown that the balance of hardships weighed in favor of enjoining these activities, citing, among other factors, the reduction in greenhouse gas emissions that would result from the finished project. The court also found that plaintiffs had not shown that the public interest would not be disserved by broad injunctive relief, given the project’s social and environmental benefits and the potential jeopardy in which broad injunctive relief could place the project.
    05/29/2014 Order Download Order re plaintiff's combined motion for summary judgement issued.

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