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Openlands et al v. United States Department of Transportation et al

RESPONSE

24 Cited authorities

  1. Marsh v. Oregon Natural Resources Council

    490 U.S. 360 (1989)   Cited 2,003 times   2 Legal Analyses
    Holding that courts must defer to the "informed discretion" of federal agencies where the agencies’ decisions require "a high level of technical expertise" (quoting Kleppe v. Sierra Club , 427 U.S. 390, 412, 96 S.Ct. 2718, 49 L.Ed.2d 576 (1976) )

  2. Florida Power Light Co. v. Lorion

    470 U.S. 729 (1985)   Cited 1,881 times   1 Legal Analyses
    Holding that the Hobbs Act vests in the court of appeals initial judicial review authority over an NRC order denying a petition under 10 C.F.R. § 2.206 for suspension of an operating license

  3. Northwest Motorcycle Ass'n v. United States Department of Agriculture

    18 F.3d 1468 (9th Cir. 1994)   Cited 1,675 times
    Upholding agency's conclusion where personal "experiences of [USFS] personnel" were "not the only basis" for it

  4. Pickett v. Sheridan Health Care Ctr.

    664 F.3d 632 (7th Cir. 2011)   Cited 361 times   1 Legal Analyses
    Holding that the attorney's substantial evidence pointed to a rate lower than the one requested, but observing that if defendant had submitted no evidence on this issue, then the district court would be required to award fees at plaintiff's proposed rate

  5. Cronin v. U.S. Dept. of Agriculture

    919 F.2d 439 (7th Cir. 1990)   Cited 115 times
    Holding supplemental EIS not necessary for site-specific timber sale where programmatic EIS considered effects of both clear-cutting and group selection and site-specific project authorized group selection

  6. Indiana Forest Alliance v. U.S. Forest Service

    325 F.3d 851 (7th Cir. 2003)   Cited 71 times
    Holding the Forest Service's use of "habitat" as a proxy for actual population data was reasonable because the forest plan only required the agency to monitor population "trends."

  7. Simmons v. U.S. Army Corps of Engineers

    120 F.3d 664 (7th Cir. 1997)   Cited 68 times
    Finding the drafters of an EIS aimed at increasing water supplies for two Illinois towns impermissibly restricted available alternatives by limiting the stated purpose to finding a way to supply both towns from a single source, thus eliminating consideration of less damaging multiple-source alternatives

  8. Barnett v. Daley

    32 F.3d 1196 (7th Cir. 1994)   Cited 30 times
    Holding that "the fact that discrimination may have an ulterior motive that is not discriminatory does not make it any the less intentional" for equal protection purposes in a challenge to a redistricting plan of city alderman wards

  9. United States v. Bailey

    97 F.3d 982 (7th Cir. 1996)   Cited 18 times
    In United States v. Bailey, 97 F.3d 982, 986 (7th Cir. 1996), we affirmed the trial court's denial of a § 3E1.1 departure.

  10. Sierra Club v. U.S. Dept. Transp.

    962 F. Supp. 1037 (N.D. Ill. 1997)   Cited 9 times
    Proposing construction of a tollroad for the purpose of providing a north-south corridor did not define purpose of project too narrowly because more general objectives such as improving local travel were considered as well

  11. Rule 56 - Summary Judgment

    Fed. R. Civ. P. 56   Cited 328,985 times   158 Legal Analyses
    Holding a party may move for summary judgment on any part of any claim or defense in the lawsuit

  12. Section 706 - Scope of review

    5 U.S.C. § 706   Cited 20,453 times   184 Legal Analyses
    Granting courts jurisdiction to "compel agency action unlawfully held or unreasonably delayed"

  13. Section 4332 - Cooperation of agencies; reports; availability of information; recommendations; international and national coordination of efforts

    42 U.S.C. § 4332   Cited 3,616 times   28 Legal Analyses
    Requiring that agencies prepare environmental impact statements where major agency action would significantly affect the environment

  14. Section 4321 - Congressional declaration of purpose

    42 U.S.C. § 4321   Cited 3,500 times   30 Legal Analyses
    Describing the purposes of NEPA as including "encourag[ing] productive and enjoyable harmony between man and his environment"

  15. Section 4331 - Congressional declaration of national environmental policy

    42 U.S.C. § 4331   Cited 698 times   3 Legal Analyses
    Recognizing "the critical importance of restoring and maintaining environmental quality to the overall welfare and development of man," and declaring the federal government’s responsibility to "preserve important historic, cultural, and natural aspects of our national heritage"

  16. Section 303 - Policy on lands, wildlife and waterfowl refuges, and historic sites

    49 U.S.C. § 303   Cited 675 times   4 Legal Analyses
    Listing requirements applicable to the Secretary of Transportation

  17. Section 101 - Definitions and declaration of policy

    23 U.S.C. § 101   Cited 396 times   1 Legal Analyses
    Referring to "nontaxable Indian Lands, or other Federal Reservations"

  18. Section 134 - Metropolitan transportation planning

    23 U.S.C. § 134   Cited 114 times   1 Legal Analyses
    Requiring a regional transportation planning process and establishing requirements for expenditures of funds in a Transportation Improvement Program

  19. Section 70 ILCS 1707/60 - Transportation Decision-making

    70 ILCS 1707/60   Cited 2 times

    (a) The Policy Committee is the federally designated Metropolitan Planning Organization for the Chicago region under the requirements of federal regulations promulgated by USDOT. The Policy Committee shall approve all plans, reports, and programs required of an MPO, including the federally mandated Regional Transportation Plan, Transportation Improvement Program and Unified Work Program. (b) It is the intent of this Act that the transportation planning and investment decision-making process be fully

  20. Section 70 ILCS 1707/51 - Certification; Cooperation between Local and Regional Plans; Plan Review

    70 ILCS 1707/51

    Certification of regional plan and forecasts. Upon the adoption of a Regional Plan or segment of a Regional Plan, the Board shall certify a copy thereof to the State, each transportation agency and each local government affected by such plan. CMAP's official forecasts and plans shall be the foundation for all planning in the region. Agencies to provide information and cooperate. Each local government, transportation agency, and State agency shall cooperate with and assist the Board in carrying out

  21. Section 1502.16 - Environmental consequences

    40 C.F.R. § 1502.16   Cited 172 times   6 Legal Analyses
    Stating that the detailed statement should include: "environmental impacts of the alternatives . . ., any adverse environmental effects which cannot be avoided should the proposal be implemented, the relationship between short-term uses of man's environment and the maintenance and enhancement of long-term productivity, and any irreversible or irretrievable commitments of resources which would be involved in the proposal"

  22. Appendix A to Part 450 - Linking the Transportation Planning and NEPA Processes

    23 C.F.R. § 450 app A to Part 450   Cited 21 times

    Background and Overview This Appendix provides additional information to explain the linkage between the transportation planning and project development/National Environmental Policy Act (NEPA) processes. It is intended to be non-binding and should not be construed as a rule of general applicability. For 40 years, the Congress has directed that federally funded highway and transit projects must flow from metropolitan and statewide transportation planning processes (pursuant to 23 U.S.C. 134 - 135

  23. Section 450.322 - Congestion management process in transportation management areas

    23 C.F.R. § 450.322   Cited 8 times

    (a) The transportation planning process in a TMA shall address congestion management through a process that provides for safe and effective integrated management and operation of the multimodal transportation system, based on a cooperatively developed and implemented metropolitan-wide strategy, of new and existing transportation facilities eligible for funding under title 23 U.S.C. and title 49 U.S.C. Chapter 53 through the use of travel demand reduction (including intercity bus operators, employer-based

  24. Section 774.7 - Documentation

    23 C.F.R. § 774.7   Cited 8 times

    (a) A Section 4(f) evaluation prepared under § 774.3(a) shall include sufficient supporting documentation to demonstrate why there is no feasible and prudent avoidance alternative and shall summarize the results of all possible planning to minimize harm to the Section 4(f) property. (b) A de minimis impact determination under § 774.3(b) shall include sufficient supporting documentation to demonstrate that the impacts, after avoidance, minimization, mitigation, or enhancement measures are taken into