1000 Friends of Wis. Inc. v. DOT

摘要

Wisconsin agency lacks standing to bring appeal of federal district court decision that found Transportation Department violated National Environmental Policy Act in issuing revised environmental impact statement for cost sharing of highway widening project, because: (1) department did not appeal district court decision; (2) agency is not bound by district court order vacating department's EIS record of decision that is prerequisite to distributing funds; (3) agency did not allege department had duty to fund project, prepare adequate EIS, or appeal adverse decision; and (4) even though agency suffers concrete injury of increased project costs caused by order, department remains bound by order it did not appeal and injury cannot be redressed by agency's appeal.