The Association has successfully applied to the District’s Historic Preservation Review Board to have the former Spingarn Senior High School designated a historic landmark. Next to Spingarn is Langston Terrace, a 13-acre public housing complex built in the 1930s as segregated housing for African Americans. The Association now challenges the District's development of a streetcar program and Car Barn that would be centered in this neighborhood. The district court rejected the Association's claims in dismissals for failure to state a claim and summary judgment. The City Council passed the “Wire Acts” to allow the construction of aerial wires to supply streetcars with power: Transportation Infrastructure Emergency Amendment Act of 2010, D.C. Act 18-486; Transportation Infrastructure Congressional Review Emergency Act of 2010, D.C. Act 18-583; Transportation Infrastructure Amendment Act of 2010, D.C. Act 18-684 (codified at D.C. Code 9-1171(a)). Determining that the Association has standing, the court concluded that taking into account the Home Rule Act's, District. D.C. Code 1-201.02(a), 1-206.02(a), stated purpose, the Wire Acts do not violate an 1888 statute barring the District from authorizing telegraph, telephone, electric lighting or other wires, D.C. Code 34-1901.01. The court upheld that district court's dismissal of the Association's environmental impact statement (EIS) claim. The court rejected the Association's Equal Protection claim, concluding that the project and the associated site selection appear to have been facially neutral and to serve legitimate government purposes. Accordingly, the court affirmed the judgment.
Study of the I-69 extension between Evansville and Indianapolis began in 1944. The 1991 Intermodal Surface Transportation Act designated a new route from Indianapolis to Memphis,, via Evansville as a “high priority corridor” for development. As the project progressed, the Federal Highway Administration (FHWA) divided the project into two “tiers” for environmental analysis. After the plans were finalized, construction work on the six sections of Tier 2 began; 90 percent of the work on the extension is complete. The FHWA and Indiana Department of Transportation issued a Draft Environmental Impact Statement for Tier 2, Section 4, in 2010. A Final Environmental Impact Statement and a Record of Decision issued in 2011. The agencies selected the final route and construction plan for Section 4 after reviewing 48 options and produced a record reflecting consideration of impact on historic sites, geological formations, and air-quality, among other factors. Pursuant to its obligations under the Endangered Species Act, the U.S. Fish and Wildlife Service engaged in consultation and issued a Biological Opinion regarding the possible impact of tree-clearing on the endangered Indiana bat. Opponents filed suit. After a lengthy period of inactivity by Plaintiffs, including several missed case management deadlines, the district court granted summary judgment upholding the approvals. The Seventh Circuit affirmed.
This issue this case presented for the Court of Appeal's review centered on a challenge under the California Environmental Quality Act (CEQA) to certification of an environmental impact report (EIR) and approval of a project to build a new entertainment and sports center (ESC) in downtown Sacramento. The project, a partnership between the City of Sacramento (City) and Sacramento Basketball Holdings LLC to build a downtown arena at which Sacramento Kings would play. To facilitate the timely opening of a new downtown arena, the Legislature modified several deadlines under CEQA by adding section 21168.6.6 to the Public Resources Code. In a prior appeal, Adriana Saltonstall and 11 other petitioners argued section 21168.6.6 violated the constitutional separation of powers doctrine because the Legislature restricted the grounds on which the courts may issue a preliminary injunction to stay the downtown arena project. Saltonstall also argued the trial court erred by refusing to grant a preliminary injunction despite harm to the public and the environment due to demolition of part of the Downtown Plaza shopping mall and construction of the downtown arena in its place. The Court of Appeal concluded section 21168.6.6 did not violate separation of powers and the trial court properly denied Saltonstall’s request for a preliminary injunction. In this appeal, Saltonstall argued: (1) the City violated CEQA by committing itself to the downtown arena project before completing the EIR process; (2) the City’s EIR failed to consider remodeling the current Sleep Train Arena as a feasible alternative to building a new downtown arena; (3) the EIR did not properly study the effects of the project on interstate traffic traveling on the nearby section of Interstate Highway 5 (I-5); (4) the City did not account for large outdoor crowds expected to congregate outside the downtown arena during events; (5) the trial court erred in denying her Public Records Act request to the City to produce 62,000 e-mail communications with the NBA; and (6) the trial court erred in denying her motion to augment the administrative record with an e-mail between Assistant City Manager John Dangberg and a principal of Sacramento Basketball Holdings, Mark Friedman (the Dangberg-Friedman e-mail) and a 24-page report regarding forgiveness of a $7.5 million loan by the City to the Crocker Art Museum. After review, the Court of Appeal affirmed the judgment dismissing Saltonstall’s challenge to the sufficiency of the City’s EIR and approval of the downtown arena project, and (2) the trial court’s order denying her motion to augment the administrative record.