Case Law

• Federal Courts
• State Courts

Federal Courts

This section provides links to summaries of transportation-related cases in federal and state courts that reference climate change and greenhouse gas emissions.

Relevant transportation-related cases in federal court are included below. Links are provided to summaries on the Center for Environmental Excellence by AASHTO Case Law Updates on Environment (CLUE) database. To view the case law database sorted according to cases that reference climate change/greenhouse gas analysis, link here. To access individual case summaries, follow the links below.

• NC Alliance for Transportation Reform v. USDOT, 713 F.Supp. 2d 491 (M.D. NC 2010)
• Audubon Naturalist Society of the Central Atlantic States, Inc. v. USDOT, 524 F.Supp. 2d 642 (D. MD 2007)
• Sierra Club v. FHWA, 715 F.Supp. 2d 721 (S.D. TX 2010)
• Senville v. Peters, 327 F.Supp.2d 335 (D. VT 2004), motion to amend denied by 2006 WL 2585130 (D. VT 2006)

State Courts

In addition to cases in federal court, several relevant cases have been brought against MPOs, based on state law, including:

• Cascade Bicycle Club, et al. v. Puget Sound Regional Council, in the Superior Court of the State of Washington, “Findings of Fact, Conclusions of Law, and Order of Dismissal,” on 7-1-11 and plaintiffs’ notice of appeal on 8-1-11 and Appellants’ Reply Brief, on 1-23-12.
•  Cleveland National Forest Foundation and Center for Biological Diversity v. San Diego Association of Governments, lawsuit filed in California Superior Court County of San Diego, on 11-28-11 and announcement of Motion to Intervene in support of the plaintiffs, by the California Attorney General, on 1-23-12 on at Ex Parte Application to Intervene and Notice of Intent to File CEQA Petition.