ELR Citation: 42 ELR 20034
No(s). 2:07-cv-14122 (11th Cir. Feb 6, 2012)

The Eleventh Circuit held that the Federal Highway Administration (FHwA) did not violate NEPA or §4 of the DOT Act in its planning and development of a bridge project in Florida. A citizens group argued that the FHwA improperly relied on a state agency's Feasibility Study and Corridor Report when preparing the EIS. But the incorporation of local planning documents is permissible and references to such documents can satisfy the requirements of NEPA. In addition, the FHwA's analysis of direct environmental impacts of the proposed action was satisfactorily thorough and neither arbitrary nor capricious. Nor was its review of cumulative and indirect impacts insufficient. The group also argued that the agency should have used different and better methodologies for reviewing environmental impacts of the project. But NEPA does not require perfection. While the FHwA's compliance with NEPA may not have been perfect, it was sufficient. The FHwA also complied with the DOT Act. The DOT Secretary had a reasonable basis to believe that no prudent alternatives to the project existed. The district court's denial of injunctive relief was therefore affirmed.