Milwaukee Inner City Congregations Allied for Hope, et al. v. U.S. Department of Transportation, et al.

Summary

The United States District Court for the Eastern District of Wisconsin granted in part and denied in part Plaintiffs’ motion to correct or supplement the administrative record in their challenge to the planned expansion of Interstate 94 in Milwaukee. The court ordered Defendants to add specified materials submitted to the Wisconsin Department of Transportation and all documents directly or indirectly considered in preparing the 2016 Final Environmental Impact Statement. The court denied requests to add a Title VI complaint and to require a privilege log, and directed the parties to propose a schedule for supplementation and merits briefing.

Holdings

1. The materials Plaintiffs sent to WDOT in August and September 2023 had to be added to the administrative record because the record indicated that the agencies at least indirectly considered them.
2. Because the 2024 environmental impact statement was a supplement to the 2016 final environmental impact statement rather than a new, independent statement, Defendants had to produce all documents and materials directly or indirectly considered when preparing the 2016 environmental impact statement.
3. Defendants were not required to produce a privilege log for materials allegedly withheld under the deliberative-process privilege.

Questions Presented

1. Whether materials Plaintiffs submitted to WDOT before the agency's final decision, which WDOT indicated would be forwarded to the project team, belonged in the administrative record.
2. Whether the administrative record for the 2024 supplemental environmental impact statement had to include all documents and materials directly or indirectly considered in preparing the original 2016 environmental impact statement.
3. Whether Defendants were required to produce a privilege log for materials allegedly withheld under the deliberative-process privilege.

Disposition

other