Case Law Details
Moyle Petroleum v. LaHood
Project Description:
This case involved the “Bangerter 600 West Project,” in which the Utah Department of Transportation (UDOT) proposed to modify an intersection and build a new interchange on Bangerter Highway. The project would remove a left-turn option on Bangerter Highway – an option that provided access to Moyle Petroleum’s property.
969 F.Supp.2d 1332
969 F.Supp.2d 1332
U.S. District Court – Utah
05/13/2013
Bangerter 600 West Project
Highway
Case Summary
The plaintiff, Moyle Petroleum, sued FHWA and UDOT, claiming that they had not followed proper NEPA procedures. The court dismissed the lawsuit, finding that Moyle lacked standing to bring NEPA claims.
Key Holdings
Litigation Procedure Standing. The court held that Moyle lacked standing to bring NEPA claims because Moyle failed to demonstrate how it would be harmed by environmental impacts of the proposed project: “It is clear that Moyle’s concrete interests are in property access and business revenues from commuter traffic. These harms are not so much linked to the environmental changes that may result from the 600 West Bangerter Project as they are to the removal of a left-turn option at 200 West and Bangerter Highway. And again, to the extent that Moyle has voiced concerns about environmental harms …, those concerns may be shared by all and are more accurately categorized as general grievances.”
File Attachment
Download the decision