ELR Citation: ELR 20630
No(s). 88-0074 JP (D.N.M. Jul 26, 1989)

The court enjoins further construction of a multi-phase road project, since citizens of Santa Fe, New Mexico, established a likelihood of success in their claim that the city improperly segmented the project to avoid compliance with the National Environmental Policy Act (NEPA). Santa Fe, serving as the lead agency in the joint project with state and federal highway authorities, approved the project to include three phases requiring federal funding, with a final segment requiring no federal funds or the need for an environmental assessment. The court first holds that the Federal Highway Administration (FHwA) and the New Mexico Highway Department (NMHD) are not necessary and indispensible parties to this action sufficient to order joinder or require dismissal for failure to join. Complete relief can be accorded among those already party to this suit, since FHwA and NMHD have no direct interest in the outcome of the litigation such that their absence will impair the ability to protect that interest or leave them subject to inconsistent obligations. Moreover, both FHwA and NMHD failed to intervene in this suit after being notified of the pending action.

The courtnext holds that the citizens have carried their burden of proving entitlement to injunctive relief. The court finds that the uncontroverted evidence is that the purpose of the road project is to provide better access between the two employment centers of Santa Fe and that Santa Fe envisioned the entire project from the beginning. Moreover, the evidence is overwhelming that development of the first three phases of the highway project depend on improvements planned for the fourth segment. The court holds that although federal funds may not be earmarked for use in the fourth segment of the project, the segments are inextricably linked as one project, making the fourth phase an integral aspect of the overall federal action, thus implicating compliance with NEPA. Finally, the court holds that the citizens' showing of irreparable injury to their environmental interests, combined with their likelihood of success on the merits, outweighs any potential costs to the public by virtue of additional delay pending environmental analysis.

Counsel Pro Se
Michael Dickman
120 Solano Dr., Santa Fe NM 87501
(505) 983-7043

Counsel for Defendant
James C. McKay, City Attorney
P.O. Box 909, Santa Fe NM 87504-0909
(505) 984-6554