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Neighborhood Transportation Network, Inc., a Minnesota Nonprofit Corporation State of Minnesota, by Neighborhood Transportation Network, Inc. Peter Bull Kim Dewey Scott Dibble Michael Larson John McIntire S. Dore Mead John Nylen Michael O'Neal Gerry Sell, Each Individually and on Behalf of the State of Minnesota v. Federico F. Pena, Secretary of the United States Department of Transportation, Individually and in His Official Capacity Charles E. Foslien, Administrator, Federal Highway Administration, Individually and in His Official Capacity James Denn, Commissioner of the Minnesota Department of Transportation, Individually and in His Official Capacity, Metropolitan Council, and Its Members, Individually and in Their Official Capacity, City of Minneapolis, Amicus Curiae

Citations: 42 F.3d 1169; 1994 U.S. App. LEXIS 35169Docket: 94-1192

Court: Court of Appeals for the Eighth Circuit; December 14, 1994; Federal Appellate Court

Narrative Opinion Summary

The case involves an appeal by Neighborhood Transportation Network, Inc. and several plaintiffs against U.S. Department of Transportation officials and Minnesota state officials regarding highway construction projects on Interstate 35W. The plaintiffs sought to halt the '3HOV project,' arguing it violated NEPA and MEPA requirements by proceeding without a completed Environmental Impact Statement (EIS). The district court denied their request for a preliminary injunction, ruling that the 3HOV project was independent and had met environmental assessments. The Eighth Circuit Court deemed the case moot after the project's completion, vacating the lower court's judgment and ordering the dismissal of the complaint. The plaintiffs argued the case fit the exception to mootness for issues capable of repetition yet evading review, but the court found insufficient evidence that such issues evaded review. The court highlighted that plaintiffs could seek an injunction in future similar cases, maintaining that the issues could be addressed through timely legal actions. Consequently, the case was dismissed as moot, with the court noting the absence of claimed damages and pending attorneys' fees not affecting the mootness determination.

Legal Issues Addressed

Environmental Impact Statement Requirements under NEPA

Application: The plaintiffs argued that the defendants failed to meet NEPA requirements for the 3HOV project, which they claimed was part of a larger project requiring a completed EIS.

Reasoning: The plaintiffs argued that the defendants failed to meet NEPA and MEPA requirements prior to commencing the six-mile upgrade of I-35W.

Exception to Mootness: Capable of Repetition Yet Evading Review

Application: Plaintiffs contended that the case met the exception to mootness for actions capable of repetition but evading review, citing potential for future subprojects to bypass EIS requirements.

Reasoning: Plaintiffs argue that their case falls under the exception to the mootness doctrine for cases that are 'capable of repetition yet evading review.'

Independent Project Determination under NEPA and MEPA

Application: The district court determined that the 3HOV project was independent of the larger 35W project, having its own purpose, and that the EA conducted satisfied NEPA and MEPA.

Reasoning: The district court ruled that the 3HOV project was independent, serving its own purpose, and that the Environmental Assessment (EA) conducted met the requirements of the National Environmental Policy Act (NEPA) and the Minnesota Environmental Policy Act (MEPA).

Mootness Doctrine in Environmental Law Cases

Application: The Eighth Circuit Court found the case moot because the 3HOV project was completed, removing any ongoing controversy and rendering an injunction ineffective.

Reasoning: Consequently, the court determined it lacked jurisdiction to hear the appeal since an injunction would provide no practical relief to the plaintiffs.