Bald Eagle Ridge Protection Ass'n v. Mallory

No. 4:CV-00-0187 (119 F. Supp. 2d 473) (M.D. Pa. October 24, 2000)

ELR Digest

The court holds that Congress repealed by implication the Clean Water Act, the National Environmental Policy Act, and the Department of Transportation Act insofar as they were being used by environmental groups to challenge a highway project in Pennsylvania. The court first holds that an appropriations bill in which Congress directed the construction of the highway project "nothwithstanding any other provisions of law" reflects a clear congressional intent to suspend the operation of the statutes on which the groups base their claims. Given the plain meaning of the statute, there can be no question that the statutory provisions on which the groups rely have been made inapplicable. The court next rejects the groups' argument that the bill's language is not sufficiently specific to reflect an intent on the part of Congress to preclude judicial review of administrative action. In the bill, Congress directed that the Federal Highway Administration's record of decision was to remain in effect, thereby turning it into a legislative and not an administrative action. Therefore, there is no administrative action of which the groups may seek review. Additionally, Congress' bill removes from the administrative agencies any discretion they may have had, thus, the groups cannot seek review for abuse of discretion.

The full text of this opinion is available from ELR (11 pp., ELR Order No. L-292).

Counsel for Plaintiffs
Amy Sinden
PennFuture
117 S. 17th St., Ste. 1801, Philadelphia PA 19103
(215) 569-9694

Counsel for Defendant
John M. Hrubovcak, Ass't Counsel
Office of Chief Counsel
Pennsylvania Department of Transportation
P.O. Box 8212, Harrisburg PA 17105
(717) 787-2838

[31 ELR 20240]

[OPINION OMITTED BY PUBLISHER IN ORIGINAL SOURCE]