Legal Opinion

Bair v. Cal. State Dep't of Transp.

District Court, N.D. California

Decided May 3, 2019No. C 17-06419 WHAPublishedCited by 1 opinion

1Opinion of the Court

William Alsup, United States District Judge

INTRODUCTION

In this NEPA action, both sides move for summary judgment. To the extent below stated, plaintiffs' motion for summary judgment is GRANTED .

STATEMENT

This is the third NEPA action over the last eight years aimed at blocking a road improvement of Highway 101 where it winds through ancient old-growth redwoods. Old-growth redwoods are "trees with a diameter of 30 inches or larger, measured at breast height (54 inches above the ground)" (2017 AR 92). The controversy involves a one-mile stretch of Highway 101, one lane each way, through…

2Cases cited11 opinions

  1. Baltimore Gas & Electric Co. v. Natural Resources Defense Council, Inc.Supreme Court of the United States · 1983
  2. Metcalf v. DaleyCourt of Appeals for the Ninth Circuit · 2000
  3. Oregon Natural Resources Council v. John LoweCourt of Appeals for the Ninth Circuit · 1997
  4. Friends of the Earth v. HintzCourt of Appeals for the Ninth Circuit · 1986
  5. Friends Of Endangered Species, Inc. v. JantzenCourt of Appeals for the Ninth Circuit · 1985

6 more not listed; retrieve them via the Exa API.

3Cited by1 opinion

  1. Bess Bair v. Cal. Dept of Transp.Court of Appeals for the Ninth Circuit · 2020

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