Case Law Details
Home » Friends of Del Norte v. Caltrans
Friends of Del Norte v. Caltrans
Project Description:
The project would widen curves, replace a bridge, and make other improvements to U.S. Route 199 and State Route 197 in Del Norte County, California. The improvements would allow the road to be used by industry-standard-sized trucks. The project corridor bordered the Smith River, which was designated “wild and scenic” under the Wild and Scenic Rivers Act. The Smith River also was designated as “critical habitat” for threatened coho salmon under the Endangered Species Act (ESA) and was designated as “essential fish habitat” for coho and chinook salmon under the Magnuson-Stevens Fishery Conservation and Management Act (MSA). The California Department of Transportation (Caltrans) assumed FHWA’s responsibilities as lead agency for the project pursuant to the Surface Transportation Project Delivery Program (also known as NEPA assignment). In 2012, Caltrans prepared a Biological Assessment and Essential Fish Habitat Assessment under the ESA and the MSA, and the National Marine Fisheries Service (NMFS) issued a letter of concurrence stating that the project was not likely to adversely affect threatened salmon or their critical habitat. Caltrans issued an EA and FONSI for the project in 2013. Three environmental organizations and a local resident filed a lawsuit in 2013 to challenge the project (Souza v. Caltrans). In 2014, the court issued a preliminary injunction that prevented Caltrans from carrying out the project until the litigation was resolved. Caltrans then reinitiated consultation with NMFS under the ESA and the MSA, and the parties agreed to dismiss the lawsuit. The ESA and MSA consultation concluded in June 2017 when NMFS sent a letter of concurrence to Caltrans. In August 2017, Caltrans prepared a Re-Evaluation and determined that its 2013 FONSI remained valid.
2020 WL 1812175
2020 WL 1812175
U.S. District Court – California
07/29/2020
US 199 / SR 197
Highway
Case Summary
The three environmental organizations filed this lawsuit alleging violations of NEPA, the ESA, the MSA, the Wild and Scenic Rivers Act, and Section 4(f) of the Department of Transportation Act. In this ruling, the court allowed the Del Norte Local Transportation Commission (DNLTC) to intervene in (or join) the lawsuit as a defendant for the limited purpose of reviewing the administrative record and, if warranted, supplementing the record.
Key Holdings
Intervention
DNLTC filed a motion to intervene in (or join) the lawsuit as a defendant, and agreed to limit its participation in the lawsuit to reviewing the administrative record and, if warranted, supplementing the record. The court allowed DNLTC to intervene with this limitation, finding that DNLTC met the four elements for intervention as of right: (1) the motion was timely, (2) DNLTC had a significantly protectible interest in the lawsuit; (3) the disposition of the lawsuit could impair or impede DNLTC’s ability to protect its interest; and (4) DNLTC’s interest was inadequately represented by the parties to the lawsuit.
First, the court held that DNLTC’s motion to intervene was timely despite being filed more than a year and a half after the plaintiffs initiated the lawsuit. The court explained that the case had been stayed for settlement discussions during much of that time, and the motion to intervene was filed before any hearings or rulings on substantive matters. Second, the court held that DNLTC had an adequate interest in the lawsuit because it was active in the administrative process and worked hard to get the project funded. Third, the court held that the outcome of the litigation would determine whether the project could proceed and, therefore, it would affect DNLTC’s interest in the project. Fourth, DNLTC overcame the presumption that the federal agency defendants could adequately represent its interests because DNLTC’s interests were more narrow than the interests of the public at large, and DNLTC was uniquely positioned to address arguments regarding the area in which the project was located.
File Attachment