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The Climate Litigation Database
Litigation

Rethink35 v. Texas Department of Transportation

Date
2022
Geography
Texas
Part of
Rethink35 v. Texas Department of Transportation

About this case

Filing year
2022
Status
Action dismissed with prejudice pursuant to stipulation of the parties.
Geography
Docket number
1:22-cv-00620
Court/admin entity
United States → United States Federal Courts → W.D. Tex.
Case category
Federal Statutory Claims → NEPA
Principal law
United States → Administrative Procedure Act (APA)United States → National Environmental Policy Act (NEPA)
At issue
Challenge to the environmental review for a highway widening project in Austin, Texas.

Documents

Filing Date
Type
Action Taken
Document
Summary
06/20/2023
Decision
Action dismissed with prejudice pursuant to stipulation of the parties.
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06/16/2023
Stipulation
Stipulation of dismissal filed.
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On June 16, 2023, three groups challenging the NEPA review for a highway project in Austin, Texas, stipulated to the dismissal of their lawsuit with prejudice. Their allegations had included that the Texas Department of Transportation failed to analyze impacts on climate change. In an <a href="https://www.kxan.com/traffic/traffic-projects/i-35-expansion-project/rethink35-drops-i-35-lawsuit-eyes-new-legal-action-against-downtown-segment/">interview</a> with an Austin television station, the board president for one of the groups said the group was considering a separate suit to challenge a project affecting a different segment of the highway and did not have the capacity to pursue multiple lawsuits.
05/04/2023
Motion For Summary Judgment
Motion for summary judgment filed by defendants.
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06/26/2022
Complaint
Complaint filed.
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Three plaintiffs challenged the National Environmental Policy Act review for a highway widening project in Austin, Texas. In their complaint filed in the federal district court for the Western District of Texas, they alleged, among other things, that the Texas Department of Transportation failed to analyze impacts on climate change, including by failing to provide information about emissions that might result from increased traffic volumes.

Summary

Challenge to the environmental review for a highway widening project in Austin, Texas.