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Shenandoah Valley Network v. Capka

ELR Citation: 42 ELR 20041
Nos. 10-1954, (4th Cir., 02/17/2012)

The Fourth Circuit dismissed environmental groups' NEPA claim against the Federal Highway Administration and the Virginia Department of Transportation concerning improvements to a highway. The groups claimed that the agencies are attempting to foreclose consideration of environmentally friendly alternatives for specific sections of the highway by choosing a corridor-wide improvement concept in the first stage of the review process. The groups, however, misapprehend the agencies' position. The agencies have stipulated that they will consider site-specific alternatives to the corridor-wide concept in the second stage of the review process in compliance with NEPA. Because there is no actual dispute here, and because the groups cannot show any injury or imminent threat of injury, the suit was dismissed.