SEACC, et al v. State of Alaska, et al

Intervenor State of Alaska appealed the district court's judgment in favor of Southeast Alaska Conservatory Council and five other groups (collectively, "SEACC") in their suit against the Federal Highway Administration ("FHWA") and other defendants arising from the initiation of the Juneau Access Improvements Project ("Project") to improve surface access between Juneau and the communities of Haines and Skagway in the Lynn Canal corridor of Southeast Alaska. At issue was whether the district court properly ordered the State to consider improving existing ferry service between Juneau and the communities of Haines and Skagway before proceeding with expensive construction of a new ferry terminal and highway through a national forest. The court held that the district court properly concluded that it was arbitrary for the FHWA to refuse to consider reassigning vessels as a project alternative on the basis that it would increase costs and reduce services elswhere when the chosen project alternative could have been rejected for the same reason. By failing to examine a viable and reasonable alternative to the proposed project, and by not providing an adequate justification for its omission, the Environmental Impact Statement issued by the FHWA violated the National Environmental Policy Act ("NEPA"), 40 C.F.R. 1502.14(a).