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Citizens Against the Pellissippi Parkway Extension v. Mineta

ELR Citation: 34 ELR 20045
Nos. No. 02-6536, (6th Cir., 07/07/2004)

The Sixth Circuit held that a district court improperly failed to vacate or modify an injunction that prevented the Federal Highway Administration (FHwA) from revisiting its decision regarding a highway extension. An environmental group sued to enjoin construction, stating that the project required an EIS. The lower court granted the injunction, which precluded the FHwA from the necessary planning to complete an EIS. The FHwA then withdrew its FONSI and sought a voluntary remand of its decision, but the lower court denied the agency's motion and refused to modify the injunction. The lower court improperly failed to vacate or modify the injunction because in doing so it precluded the agency from acting to comply with the very statute that formed the basis for the group's lawsuit, and the court articulated no tenable reason for continuing injunctive relief against the FHwA.