Since January, 2003
            
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Today Judge Christopher Cooper has denied the Committee of 100's appeal of his April ruling denying the group's request for an injunction to prevent CSX from moving forward on the Virginia Avenue Tunnel construction while the C100 lawsuit works its way through the process.
Quoting from the order: "The Committee contends that new information gleaned from the recently-produced administrative record demonstrates that the federal and local agencies involved in the environmental review of the reconstruction project unlawfully predetermined its outcome. The Court concludes, however, that the Committee’s new evidence does not satisfy its burden to demonstrate that the agencies failed objectively to consider the environmental impacts of the reconstruction. Accordingly, it will deny the motion."
The Committee of 100 had filed their appeal in May, saying that new access to the "full record in the case," all 130,000 pages of it, showed "persuasive evidence of improper predetermination that was not available to the District Court" at the time of the initial injunction denial. But Judge Cooper wrote that "the portions of the administrative record provided by the Committee do not support its position that DDOT unlawfully predetermined the NEPA outcome or that FHWA failed to independently consider the environmental effects of the tunnel reconstruction."
You can read the full opinion/order for more detail.
(And, whaddya know, C100 is still using my photo on their web site! UPDATE, 5/27: It took a bit of back-and-forth, but the photo is now taken down.)
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Edna says: (5/27/15 9:43 AM)
Can you sue them to take the photo down? They didn't even bother to change the name of the file. When you right-click and hit save as, the file name is jdland-xyzqr-whatever!


JD says: (5/27/15 9:46 AM)
When I brought it up last time, I had a phone call and an e-mail from Monty Edwards, apologizing and saying that the photo had been taken down. (Their webmaster "thought it was public domain," which is such a great excuse from about 2005.)

They replaced it elsewhere, but I'm laughing that it's still on their main tunnel page.


JD says: (5/27/15 11:36 AM)
After a festive back-and-forth in e-mail, the photo is now removed. Until it reappears again. :-)


JD says: (5/27/15 5:30 PM)
Not worth another post at this point, but today the Court of Appeals added a denial of a motion for an emergency stay pending appeal, an also denied the Committee of 100's motion for a summary reversal.


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