Jump to Navigation
Jump to Content

Coalition of Concerned Citizens v. Federal Transit Authority

ELR Citation: 46 ELR 20197
Nos. 16-2192, (10th Cir. , 12/13/2016)

The Tenth Circuit affirmed a district court ruling denying business owners’ motion to preliminary enjoin the city of Albuquerque, New Mexico, from proceeding with construction of a rapid transit bus system due to alleged NEPA and National Historic Preservation Act (NHPA) violations. The business owners claimed that the city and the Federal Transit Administration (FTA), from whom the city sought federal funding for the project, violated NEPA by granting the project a categorical exclusion (CE). They also claimed the defendants did not properly consider the impact the project would have on the historical integrity of the area, in violation of the NHPA. But the court denied the motion because the business owners failed to establish a substantial likelihood of success on the merits of their claims that the FTA CE and NHPA determinations were arbitrary and capricious. The case was remanded for further proceedings.