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Highway J Citizens Group v. Department of Transp.

ELR Citation: 36 ELR 20152
Nos. No. 05-2667, (7th Cir., 08/02/2006)

The court affirms a lower court decision denying environmental groups' motion to preliminarily enjoin a highway expansion project in Wisconsin. The groups argue that the project violates the Administrative Procedure Act, the Clean Water Act, the Federal-Aid Highway Act, and the National Environmental Policy Act. The project, however, was already challenged in a previous suit, and the claims they raise now could have been raised in that earlier suit. The groups' claims, therefore, are likely barred by res judicata. Consequently, they fail to show a reasonable likelihood of success on the merits.