Openlands et al v. United States Department of Transportation et al
||Openlands, Midewin Heritage Association and Sierra Club
||United States Department of Transportation, Anthony Foxx, Federal Highway Administration, Victor M. Mendez and Catherine Batey
||July 10, 2013
||US District Court for the Northern District of Illinois
||Ronald A. Guzman
|Nature of Suit:
|Cause of Action:
||05 U.S.C. § 702 Administrative Procedure Act
|Jury Demanded By:
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|June 16, 2015
MEMORANDUM Opinion and Order. The Court grants plaintiffs' motion for summary judgment 41 and declares that FHWA's approval of the Tier 1 final EIS and ROD for the proposed new Illiana Expressway was arbitrary and capricious and in violat ion of NEPA. Therefore, the Court remands the Tier 1 final EIS and ROD to the Agencies for further proceedings consistent with this Memorandum Opinion and Order. Moreover, the Court grants defendant's motion to strike 71 the letter submitted b y plaintiff on April 13, 2015 63 because it pertains to matters not at issue in this case and strikes as moot plaintiffs' motion to reassign 77 . This case is terminated. Signed by the Honorable Jorge L. Alonso on 6/16/2015. Notice mailed by judge's staff (ntf, )
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