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| | 01-4216o -- Utahns for Better Transportation v. U.S. Dept. Of Transportation -- 02/04/2003 |
 | | Thomas A. Mitchell, Assistant Attorney General, State of Utah, and Margaret N. Strand of Venable, Baetjer, Howard and Civiletti, LLP, Washington, D. C., for Appellee State of Utah. |
 | | Stephanie Tai, Attorney, Department of Justice, Washington D.C., April Marchese and Edward Kussy, Federal Highway Administration, Washington D.C.; and Dinah Bear, Council on Environmental Quality, Washington, D.C., Of Counsel, for the Federal Appellees. |
 | | Whether the "state agency" exception of NEPA, 42 U.S.C. § 4332(2)(D), was available to the FHWA in its own right (as distinguished from the COE) based upon the above arguments, simply was not presented to (or addressed by) the court and we decline to address those arguments now. |
| www.kscourts.org /ca10/cases/2003/02/01-4216o.htm (841 words) |
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