Catawba Riverkeeper Foundation v. North Carolina Department of Transportation

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At issue in this case was the proposed construction of a twenty-two-mile toll road in North Carolina called the Gaston East-West Connector. Two Conservation Groups brought suit against the North Carolina Department of Transportation (NCDOT), the Federal Highway Administration (collectively, the Agencies), and others, challenging the environmental analysis conducted for the Connector. The district court granted summary judgment for the Conservation Groups, concluding that the alternatives analysis underlying the Connector violated National Environmental Policy Act and the Administrative Procedure Act and that the Agencies failed adequately to assess and disclose the Connector’s environmental impacts. NCDOT appealed. Before the district court ruled, however, the Connector was stripped of its funding, and the statute that expressly authorized its construction was repealed. Following the district court’s ruling, the Connector was removed from local and state transportation plans. The Fourth District vacated the district court’s judgment and remanded with instructions that the district court dismiss the action, holding that the appeal was moot where the Connector was no longer viable. View "Catawba Riverkeeper Foundation v. North Carolina Department of Transportation" on Justia Law