Karst Environmental Education & Protection, Inc. v. Federal Highway Administration, 559 F. App'x 421

Karst Environmental appeals the district court’s grant of summary judgment for FHWA under the APA for NEPA noncompliance regarding the I-65 to U.S. 31 West connector in Warren County, Kentucky.
NEPA requires agencies to prepare an EIS and consider significant environmental impacts before actions that significantly affect the environment; the district court found no preserved 100-year floodplain issue.
The project area sits on the Pennyroyal Sinkhole Plain with karst features, sinkholes, subterranean drainage, and potential flood mechanisms related to sinkhole flooding and the Barren River.
FHWA published a May 2007 draft EIS, finalized and published the final EIS after public comments, identifying Alternative 6-Orange as preferred; FHWA issued its final decision on April 15, 2010.
FHWA asserted FEMA flood maps showed no 100-year floodplains in the project area; Karst asserted the record showed sinkhole flooding considerations and related floodplain analyses.
The district court held Karst did not raise the issue with sufficient clarity during the administrative process, and the court’s decision was that Karst forfeited the claim; the appeal challenges this forfeiture ruling.

Issue	Plaintiff's Argument	Defendant's Argument	Held
Whether Karst forfeited the 100-year floodplain claim by not raising it adequately in the administrative process.	Karst contends FHWA ignored record evidence of sinkhole flooding and 100-year floodplain impacts; the administrative record shows notice.	Karst failed to raise the issue with sufficient clarity during comment periods; the agency could not address or correct the issue.	Affirmed on forfeiture grounds.

Vermont Yankee Nuclear Power Corp. v. NRDC, 435 U.S. 519 (Supreme Court 1978) (requires a meaningful opportunity to participate; detailed pleading not required in all contexts)
Baltimore Gas & Electric Co. v. NRDC, 462 U.S. 87 (Supreme Court 1983) (NEPA requires considering significant environmental impacts and a hard look at consequences)
Kleppe v. Sierra Club, 427 U.S. 390 (Supreme Court 1976) (NEPA review includes ensuring agency takes a hard look at effects)
Commonwealth of Kentucky ex rel. Beshear v. Alexander, 655 F.2d 714 (6th Cir. 1981) (administrative challenges must be raised during the process; timely notice matters)
Forest Guardians v. U.S. Forest Service, 495 F.3d 1162 (10th Cir. 2007) (claims must be raised with sufficient clarity to alert agency)