Sierra Club v. Federal Highway Administration

435 F. App'x 368
CourtCourt of Appeals for the Fifth Circuit
DecidedAugust 2, 2011
Docket10-20502
StatusUnpublished
Cited by4 cases

This text of 435 F. App'x 368 (Sierra Club v. Federal Highway Administration) is published on Counsel Stack Legal Research, covering Court of Appeals for the Fifth Circuit primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Sierra Club v. Federal Highway Administration, 435 F. App'x 368 (5th Cir. 2011).

Opinion

PER CURIAM: *

Sierra Club and Houston Audubon Society brought this suit under the National Environmental Policy Act, 42 U.S.C. § 4321 et seq., alleging that the Federal Highway Administration and others failed to follow certain requirements when preparing the Final Environmental Impact Statement for Segment E of the Grand Parkway, a highway planned in northwest Houston. The district court concluded that the defendants had complied with the Act’s requirements and entered summary judgment in their favor. We affirm.

BACKGROUND

The Grand Parkway — Texas State Highway 99 — was first proposed in 1961 and is a 180-mile highway encircling the greater Houston area. Planners split the highway into eleven lettered segments, Segment A through Segment 1-2. This case involves Segment E in northwest Houston. As proposed, Segment E is approximately 15 miles long and will connect 1-10 near Katy, Texas with U.S. 290 northwest of Houston. Segment E is designed as a four-lane controlled access toll road with intermittent frontage roads, all to be located within a 400-foot right-of-way.

The Texas Department of Transportation (“TxDOT”) and the Federal Highway Administration (“FHWA”) first filed a Notice of Intent to build Segment E in 1993 and began preparing an Environmental Impact Statement (“EIS”). Following public meetings in 1993 and 2000, FHWA and TxDOT published a draft EIS in February 2003. After a public hearing on the draft EIS, FHWA and TxDOT issued a Final Environmental Impact Statement (the “FEIS”) in November 2007, and FHWA issue a Record of Decision (“ROD”) approving the construction of Segment E on June 24, 2008.

Sierra Club filed the instant suit on March 9, 2009, against TxDOT, FHWA, the United States Department of Transportation, and various individuals in their official capacities (collectively, the “Agencies”). In its complaint, Sierra Club contended that the Agencies violated the National Environmental Policy Act (“NEPA”), 42 U.S.C. § 4321 et seq., in preparing the FEIS. Specifically, Sierra Club alleged that the FEIS inadequately analyzed the following: (1) the alternatives to construction of Segment E; (2) the impacts on floodplains; (3) the impacts on wetlands; (4) the impacts on air quality; (5) the noise impacts; and (6) the indirect and cumulative impacts.

In June 2009, the Agencies prepared a re-evaluation of the FEIS (the “Re-evaluation”) to address a design revision for Segment E. The Re-evaluation also considered whether a supplemental EIS was necessary based on the design revision and other new information, including changes to the floodplain map for the area. The Re *372 evaluation concluded that a supplemental EIS was unnecessary. The FHWA then issued a Revised Record of Decision (“Revised ROD”) in which it re-affirmed its selected alternative route for Segment E.

In October 2009, Sierra Club sought to amend its complaint to add the Houston Audubon Society as an additional plaintiff and Harris County as an additional defendant. Sierra Club also sought to add five additional claims related to the Re-evaluation and the Revised ROD. The district court granted Sierra Club’s motion to add Houston Audubon Society as a plaintiff, but denied the motion to amend in all other respects. The parties then cross-moved for summary judgment. In a thorough opinion, the district court concluded that the Agencies had not acted arbitrarily or capriciously in issuing the FEIS and ROD, and the court granted summary judgment to the Agencies on all claims. Sierra Club v. Fed. Highway Admin., 715 F.Supp.2d 721 (S.D.Tex.2010). Sierra Club and Houston Audubon Society (collectively, “Appellants”) appeal the district court’s decision with regard to their first three claims against the Agencies and argue that the district court erred in denying leave to amend the complaint.

DISCUSSION

I. NEPA CLAIMS

A. Standard of Review

We review the district court’s grant of summary judgment de novo, using the same standard as the district court. La. Crawfish Producers Ass’n-West v. Rowan, 463 F.3d 352, 356 (5th Cir.2006). Summary judgment is warranted if the movant shows that “there is no genuine dispute as to any material fact and the movant is entitled to judgment as a matter of law.” Fed.R.CivP. 56(a).

“NEPA-related decisions are accorded a considerable degree of deference,” and “courts are to uphold the agency’s decisions unless the decision is ‘arbitrary, capricious, an abuse of discretion, or otherwise not in accordance with law.’ ” Spiller v. White, 352 F.3d 235, 240 (5th Cir.2003) (quoting 5 U.S.C. § 706(2)(A)). “Under this highly deferential standard of review, a reviewing court has the least latitude in finding grounds for reversal.” Sabine River Auth. v. U.S. Dep’t of Interior, 951 F.2d 669, 678 (5th Cir.1992) (citation and internal quotation marks omitted). We may not “substitute [our] judgment for that of the agency as to the environmental consequences of its actions.” Kleppe v. Sierra Club, 427 U.S. 390, 410 n. 21, 96 S.Ct. 2718, 49 L.Ed.2d 576 (1976). Instead, we must assess whether the agency’s decision is “within the bounds of reasoned decisionmaking,” and determine whether the agency has “considered the relevant factors and articulated a rational connection between the facts found and the choice made.” Balt. Gas & Elec. Co. v. Natural Res. Def. Council, Inc., 462 U.S. 87, 105, 103 S.Ct. 2246, 76 L.Ed.2d 437 (1983). The plaintiff -bears the ultimate burden to prove that an agency’s decision was arbitrary or capricious. See Medina Cnty. Envtl. Action Ass’n v. Surface Transp. Bd., 602 F.3d 687, 699 (5th Cir.2010).

B. NEPA Framework

“NEPA imposes procedural requirements on federal agencies, requiring agencies to analyze the environmental impact of their proposals and actions.” Coliseum Square Ass’n, Inc. v. Jackson, 465 F.3d 215, 224 (5th Cir.2006); see also Miss. River Basin Alliance v. Westphal, 230 F.3d 170, 175 (5th Cir.2000) (“NEPA was created to ensure that agencies will base decisions on detailed information regarding significant environmental impacts and *373

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435 F. App'x 368, Counsel Stack Legal Research, https://law.counselstack.com/opinion/sierra-club-v-federal-highway-administration-ca5-2011.