Shenandoah Valley Network v. J. Capka
669 F.3d 194
4th Cir.2012Background
- FHWA and VDOT planned tiered NEPA review of Virginia's I-81 corridor amid environmental challenges by preservation groups.
- Tier 1 ROD (2007) selected a corridor-wide concept with limited lane additions and eight Tier 2 analysis sections, and announced final decisions with a 180-day judicial-review window.
- Tier 1 concluded no- or limited-build concepts would meet projected demand; Tier 2 would evaluate site-specific features.
- Plaintiffs alleged NEPA and due‑process violations, including premature Tier 1 decisions and exclusion of Tier 2 alternatives.
- District court granted summary judgment for Agencies; Counts were narrowed by stipulation; Plaintiffs argued the decision foreclosed Tier 2 alternatives, but the court treated the dispute as nonjusticiable.
- Appeal followed to determine if a live controversy persisted regarding consideration of site-specific, environmentally friendly Tier 2 alternatives.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether the Tier 1 decision to foreclose Tier 2 alternatives is ripe for review | Appellants contend Tier 1 forecloses Tier 2 site-specific options | Agencies will consider Tier 2 site-specific alternatives under NEPA and the stipulation | Not justiciable; no present controversy. |
| Whether NEPA requires delaying Tier 1 decisions pending a freight rail study | NEPA demands full evaluation of feasible alternatives, including rail | Tier 1 decisions permitted; rail study ongoing does not bar Tier 1 | Not reviewed; appeal dismissed for lack of justiciable controversy. |
Key Cases Cited
- Robertson v. Methow Valley Citizens Council, 490 U.S. 332 (1989) (NEPA hard look and public participation requirements; tiered analysis concept)
- City of Los Angeles v. Lyons, 461 U.S. 95 (1983) (injury in fact requirement; real and immediate injury needed)
- Lujan v. Defenders of Wildlife, 504 U.S. 555 (1992) (injury in fact must be concrete, particularized, and imminent)
- Flast v. Cohen, 392 U.S. 83 (1968) (standing; case-or-controversy limitations for federal courts)
- Muskrat v. United States, 219 U.S. 346 (1911) (live controversy requirement; only actual controversies may be adjudicated)
- Ohio Valley Environmental Coalition v. Aracoma Coal Co., 556 F.3d 177 (4th Cir. 2009) (NEPA claims reviewed under APA; arbitrariness/abuse of discretion standard)