Coalition for a Sustainable 520 v. United States Department of Transportation

A community organization filed a lawsuit challenging a Final Environmental Impact Statement (FEIS) concerning a bridge to be constructed to replace an existing floating bridge across Lake Washington. Among other things, the organization alleged that the FEIS violated the National Environmental Policy Act and Washington state law concerning greenhouse gas emissions by not rigorously exploring and evaluating all reasonable alternatives. The court disagreed, holding that the FEIS adequately discussed such alternatives. With respect to state law claims concerning greenhouse gas emissions, Washington State Department of Transportation, which was named as a defendant, claimed that it was immune from suit pursuant to the Eleventh Amendment. The court agreed and dismissed the agency.