Sierra Club North Star Chapter v. Peters et al
| Sierra Club North Star Chapter |
| Mary Peters, J. Richard Capka, Dirk Kempthorne and Mary Bornar |
| 0:2007cv02593 |
| June 5, 2007 |
| US District Court for the District of Minnesota |
| DMN Office |
| XX US, Outside State |
| Michael J. Davis |
| Susan R. Nelson |
| Environmental Matters |
| 05 U.S.C. ยง 0701 Maritime Subsidy Board |
| None |
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Filing
128
MEMORANDUM OF LAW & ORDER. Accordingly, based upon the files, records, and proceedings herein, IT IS HEREBY ORDERED: 1. Federal Defendants Motion for Summary Judgment 70 is GRANTED IN PART and DENIED IN PART as set forth in section 5 below. 2. Mo tion for Summary Judgment of Intervenor Wisconsin Department of Transportation 73 is GRANTED IN PART and DENIED IN PART as set forth in section 5 below. 3. Plaintiffs Motion for Summary Judgment 78 is GRANTED IN PART and DENIED IN PART as set fo rth in section 5 below. 4. Intervenor State of Minnesota Department of Transportations Motion for Summary Judgment 87 is GRANTED IN PART and DENIED IN PART as set forth in section 5 below. 5.a. Count I, Violations of WSRA and the APA by NPS and FHWA based on the claim that the Proposed Bridge project creates a new transportation corridor without restoring the existing corridor to natural conditions in violation of the CMP, is DISMISSED. b. Judgment is entered in favor of Plaintiff on Coun t II, Violations of the WSRA and the APA against NPS based on the claim that NPSs 2005 Section 7 Evaluation wrongly concluded that the Proposed Bridge project would not have a direct and adverse effect on the Lower St. Croixs scenic, recreational, wi ldlife, and other natural values. c. Count IV, Violations of the WSRA, Organic Act, General Authorities Act, and the APA by NPS based on the claim that NPSs approval of the Proposed Bridge is contrary to the non-degradation and non-impairment polici es promulgated under those statutes, is DISMISSED. d. Count V, Violations of the WSRA and the APA by NPS based on the claim that NPSs grant of a new right-of-way for the Proposed Bridge does not protect the qualities for which the Lower St. Croix wa s designated a wild and scenic river, is DISMISSED. e. Count VI, Violations of the Transportation Act and the APA by FHWA, based on the claim that FHWA violated Section 4(f) of the Transportation Act by approving the Proposed Bridge without adequate ly considering alternatives that could have avoided use of the Lower St. Croix Riverway and approving a project that does not minimize harm to the Riverway, is DISMISSED. f. Count VII, Violations of NEPA and the APA by FHWA based on the claim that F HWA violated the NEPA due to inadequacies in the EISs and ROD is DISMISSED. 6. Defendants Ken Salazar, Secretary of the Interior, and Jonathan B. Jarvis, Director of the National Park Service, are declared to have violated the Wild and Scenic Rivers Act, 16 U.S.C. § 1271 et seq.; and the Administrative Procedure Act, 5 U.S.C. § 706(2)(A), in issuing a Section 7 Evaluation in October 2005 (2005 Section 7 Evaluation) approving construction of a four-lane highway bridge (the Proposed Bri dge) over the Lower St. Croix River. 7. The 2005 Section 7 Evaluation is VACATED. 8. Defendants Ken Salazar, Secretary of the Interior, and Jonathan B. Jarvis, Director of the National Park Service, are permanently enjoined from authorizing, fundin g, or otherwise assisting in the construction of the Proposed Bridge unless and until a new Section 7 Evaluation is issued that complies with the dictates of this Memorandum of Law and Order (Written Opinion). Signed by Chief Judge Michael J. Davis on 3/11/10. (GRR)
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