Keep Mopac Local coalition leaders who filed suit in February to stop the proposed SH 45 SW/South Mopac toll loop from being built without a comprehensive federal environmental lawsuit won the first round. Late Tuesday U.S. District Judge Lee Yeakel denied the Defendants' Motions to Dismiss the case across the board. Read the Statesman story and the Austin Monitor coverage at the links. The court's order is here. folder Legal Documents
This is just the first round. Next Judge Yeakel will decide if Plaintiffs are entitled to discover agency documents relevant to TxDOT's decisions to chop up the toll loop into four separate pieces for purposes of environmental analysis. TxDOT and CTRMA have opposed all discovery of agency documents which they have not deemed part of the official "administrative record." A hearing on preliminary injunction is likely in mid-October. Please stay tuned.