Coalition of Concerned Citizens to Make Art Smart v. Federal Transit Administration of U.S. Department of Transportation

BRISCOE, Circuit Judge.

Plaintiffs, a group of entities and individuals that own businesses or real property located on Central Avenue in Albuquerque, New Mexico, filed this action seeking to enjoin the City of Albuquerque (the City) from proceeding with construction of a rapid transit bus system along Central Avenue. Plaintiffs claim, in pertinent part, that the City and the Federal Transit Administration, from whom the City seeks federal funding for the project, violated the National Environmental Policy Act, 42 U.S.C. §§ 4321 et seq., and the National Histoiic Preservation Act, 54 U.S.C. §§…