Case Law Details

Maiden Creek Associates, L.P. v. USDOT

Project Description:

The project involved proposed improvements to Route 222 in Berks County, Pennsylvania. The improvements included widening the roadway from two lanes to five lanes (two lanes in each direction with a center turn lane), improving an existing traffic signal, constructing two dual-lane roundabouts, and constructing two stormwater detention basins. In August 2014, FHWA and PennDOT approved the project and determined that it qualified for a categorical exclusion.

Case Number:
823 F.3d 184
Court:
823 F.3d 184
State:
U.S. Court of Appeals – 3rd Circuit
Case Date:
05/19/2016
Project Name:
Route 222
Project Type:
Highway

Case Summary

The plaintiffs—Maiden Creek Associates, which owned land adjacent to the highway that it hoped to develop into a shopping center, and the Board of Supervisors of Maidencreek Township—filed this lawsuit challenging the agencies’ determination that the project qualified for a categorical exclusion. The U.S. District Court for the Eastern District of Pennsylvania granted the agencies’ motion to dismiss on the grounds that the plaintiffs lacked standing. The district court also denied the plaintiffs’ motion for leave to amend their complaint. The plaintiffs appealed, and, in this ruling, the U.S. Court of Appeals for the Third Circuit affirmed the district court’s order dismissing the case for lack of standing.

Key Holdings

Litigation Procedure Standing. The court held that the plaintiffs lacked prudential standing because their interests were solely economic and were outside the zone of interests that NEPA was intended to protect. The court explained that NEPA is intended to protect only environmental interests. The injuries that the plaintiffs alleged, however, were purely economic: impacts on safety, commercial development, tax revenues, and jobs. In their initial complaint, the court held, the plaintiffs had “failed to allege any threatened harms to the physical environment.” The court also held that it would be futile to allow the plaintiffs to amend their complaint to include additional allegations of environmental harms, for three reasons. First, the plaintiffs were purporting to assert the injuries of third parties (for example, future employees and patrons of the shopping center), without having satisfied the criteria for standing to represent those parties. Second, certain alleged environmental injuries were speculative and contingent on remote possibilities. For example, alleged groundwater contamination would only occur if a stormwater basin would be inadequately designed. Finally, the court held that any additional alleged environmental harms were disingenuous because it was clear that the plaintiffs’ actual interests were economic. The alleged environmental harms were “only fortuitously aligned with” the plaintiffs’ stated economic interests, and so they were insufficient to place the plaintiffs within NEPA’s zone of interests.

File Attachment

Download the decision

Send CLUE Comments

Respond to a case law update.