Description: Challenge to the Federal Highway Administration’s issuance of record of decision regarding highway improvement study.
Shenandoah Valley Network v. Capka
Filing Date Type File Action Taken Summary 06/17/2010 Memorandum Opinion Download Plaintiffs' motions to amend judgment and for leave to file second amended complaint denied. The plaintiffs subsequently moved for leave to amend the judgment and to file a second amended complaint. The court denied the motion, finding that the plaintiffs did not show grounds for amending the judgment and that permitting the requested amendments to the complaint would be futile. 09/03/2009 Opinion and Order Defendants' motion for summary judgment granted. Plaintiffs filed suit challenging the Federal Highway Administration’s (FHWA's) issuance of a “record of decision” concerning a highway improvement plan in Virginia. Among other things, the plaintiffs’ complaint alleged that FHWA failed to take the requisite “hard look” at the plan’s contribution to climate change and oil dependence. In their complaint, plaintiffs alleged that FHWA prematurely issued the record of decision. The defendants moved for summary judgment. The court granted the motion, holding that the record of decision was not issued prematurely and that plaintiffs’ due process rights were otherwise not violated.