RB Jai Alai, LLC v. Secretary of the Florida Department of Transportation

47 F. Supp. 3d 1353, 2014 U.S. Dist. LEXIS 131792, 2014 WL 4683127
CourtDistrict Court, M.D. Florida
DecidedSeptember 19, 2014
DocketCase No. 6:13-cv-1167-Orl-40GJK
StatusPublished
Cited by2 cases

This text of 47 F. Supp. 3d 1353 (RB Jai Alai, LLC v. Secretary of the Florida Department of Transportation) is published on Counsel Stack Legal Research, covering District Court, M.D. Florida primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
RB Jai Alai, LLC v. Secretary of the Florida Department of Transportation, 47 F. Supp. 3d 1353, 2014 U.S. Dist. LEXIS 131792, 2014 WL 4683127 (M.D. Fla. 2014).

Opinion

ORDER

PAUL G. BYRON, District Judge.

This cause comes before the Court on the following:

1. Federal Defendants’ Motion to Dismiss Second Amended Verified Complaint (Doc. 63), filed July 15, 2014;
2. State Defendants’ Motion to Dismiss Plaintiffs’ Second Amended Verified Complaint (Doc. 65), filed July 15, 2014;
3. Plaintiffs’ Consolidated Opposition to Defendants’ Motions to Dismiss (Doc. 71), filed July 29, 2014; and
4. Reply and Memorandum of Law in Support of State Defendants’ Motion to Dismiss (Doc.-84), filed August 26, 2014.

Upon due consideration, the Court denies State Defendants’ motion to dismiss and grants in part and denies in part Federal Defendants’ motion to dismiss.

I. BACKGROUND

A. Factual Background1

This lawsuit challenges the approval and funding of an elevated highway overpass project in Seminole County, Florida. In the early 2000s, the Florida Department of Transportation (“FDOT”) conducted studies of the U.S. 17-92 and S.R. 436 intersection. (Doc. 57, ¶ 56). These studies resulted in the S.R. 15/600 (U.S. 17-92) Interchange Project Development and En[1357]*1357vironmental Study (the “PD & E”), which recommended certain improvements to the intersection to alleviate anticipated traffic concerns (the “Project”). (Id. ¶ 56; Docs. 1-1-1-3). Included in the proposed improvements is a long, single-span overpass along U.S. 17-92 crossing S.R. 436 (the “Flyover”).' (Doc. 57, ¶ 57). The PD & E was published on February 4, 2004 and has not been modified since. (Id. ¶ 58).

The FDOT sought federal funding for the Flyover from the Federal Highway Administration (“FHWA”), triggering review of the Project under the National Environmental Policy Act, 42 U.S.C. §§ 4321-4370h (“NEPA”). (Id. ¶59). However, the FDOT and FHWA declared the Project a Type 2 categorical exclusion under NEPA, thus dispensing with the statutory requirement that the agencies conduct either an environmental assessment or an environmental impact statement. (Id. ¶ 60). In March 2012, the FDOT and FHWA re-evaluated the Project’s status as a Type 2 categorical exclusion due to certain design changes (the “2012 Re-evaluation”). (Id. ¶ 86). The agencies ultimately re-approved the Project’s status as a Type 2 categorical exclusion. (Id.).

Plaintiffs now challenge the procedure that the agencies employed to re-approve the Project’s classification as a Type 2 categorical exclusion under NEPA in March 2012.2 Specifically, Plaintiffs allege that the FDOT and FHWA disregarded numerous studies, reports, and other updated information regarding the environmental impacts of the Project in re-approving the Project’s status. (Id. ¶¶ 68-106). Plaintiffs state that because the environmental impacts of the Project had changed so significantly from the Project’s initial approval in 2004, a Type 2 categorical exclusion was no longer appropriate in 2012. (See id.). As a result, Plaintiffs claim that the agencies’ decision to maintain the Project as a Type 2 categorical exclusion was arbitrary, capricious, and not supported by substantial evidence in the administrative record. (Id. ¶¶ 116, 125,141).

B. Procedural History

Plaintiff, RB Jai Alai, LLC (“Jai Alai”), filed the initial complaint in this matter on August 1, 2013. (Doc. 1). On September 11, 2013, Jai Alai amended its complaint as a matter of course pursuant to Federal Rule of Civil Procedure 15(a)(1)(B). (Doc. 19).- On June 17, 2014, this Court dismissed Jai Alai’s Amended Complaint and allowed Jai Alai to submit a second amended complaint within fourteen days. (Doc. 56).

On July 1, 2014, Plaintiffs filed their Second Amended Verified Complaint, which remains the operative complaint in this action. (Doc. 57). In addition to addressing the various deficiencies of Jai Alai’s first amended complaint, the Second Amended Verified Complaint adds Richard Birdoff (“Birdoff’) and David P. Catina (“Catina”) as party-plaintiffs. Plaintiffs’ Second Amended Verified Complaint alleges three claims for relief against Defendants.3 First, Plaintiffs allege that De[1358]*1358fendants failed to consider the Project’s environmental impact in violation of NEPA. (See id. ¶¶ 107-16). Second, Plaintiffs allege that Defendants failed to consider new information and changed circumstances in re-approving the Project’s status as a Type 2 categorical exclusion, again in violation of NEPA. (See id. ¶¶ 117-25). Third, Plaintiffs allege that Defendants acquired federal approval and funding for the Project in violation of the Federal-Aid Highway Act, 23 U.S.C. §§ 101-170 (“FAHA”).4 (See id. ¶¶126-41). Plaintiffs demand that this Court (1) declare that Defendants violated NEPA, (2) declare that Defendants violated FAHA, (3) vacate the 2004 categorical exclusion and 2012 re-evaluation, (4) declare the Project’s existing design contract void, (5) enjoin funding and construction of the Project until Defendants comply with NEPA and FAHA, (6) remand the matter to the FDOT and FHWA for further consideration, and (7) award costs and fees to Plaintiffs. (Id. at p. 27).

On July 15, 2014, Federal Defendants filed their Motion to Dismiss Second Amended Verified Complaint. (Doc. 63). Federal Defendants contend that Plaintiffs lack standing to bring the claims asserted in the Second Amended Verified Complaint because Plaintiffs have not suffered a cognizable injury under either NEPA or FAHA. (Id. at pp. 7-11). Federal Defendants further argue that even if Plaintiffs have suffered a cognizable injury under these statutes, Plaintiffs still lack standing because Plaintiffs are not within the intended “zones of interests” protected by NEPA or FAHA. (Id. at pp. 12-13). Federal Defendants also attack the Second Amended Verified Complaint on the grounds that it is a “shotgun” pleading to which it is impossible for Federal Defendants to formulate a response. (Id. at pp. 14-15).

Also on July 15, 2014, State Defendants filed their Motion to Dismiss Second Amended Verified Complaint. (Doc. 65). State Defendants assert the same challenges to Plaintiffs’ standing as Federal Defendants. (Id. at pp. 8-14). State Defendants additionally argue that Plaintiffs have failed to state claims for which relief can be granted under either NEPA or FAHA, (id. at pp. 15-22), and contend that Plaintiffs are barred by the statute of limitations from claiming relief based on any actions taken by Defendants in 2004, (id. at p. 22).5

II. ISSUES PRESENTED

Based on the arguments contained within both motions to dismiss, the Court finds itself confronted with the following issues:

1. Whether Plaintiffs have standing to bring the claims alleged by their Second Amended Verified Complaint;
2.

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47 F. Supp. 3d 1353, 2014 U.S. Dist. LEXIS 131792, 2014 WL 4683127, Counsel Stack Legal Research, https://law.counselstack.com/opinion/rb-jai-alai-llc-v-secretary-of-the-florida-department-of-transportation-flmd-2014.