Plaintiffs - Purple Line Mandamus Response As Filed

USCA Case #17-5104 Document #1676371 Filed: 05/23/2017 Page 1 of 49
IN THE UNITED STATES COURT OF APPEALS

FOR THE DISTRICT OF COLUMBIA CIRCUIT
In Re State of Maryland, )
) No. 17-5104
Petitioner. )
)
PLAINTIFFS-RESPONDENTS OPPOSITION TO STATE OF

MARYLANDS PETITION FOR A WRIT OF MANDAMUS
Yesterday, the district court issued a ruling on the parties cross-motions for
summary judgment with regard to the matter that had been remanded by the court:
whether the defendant Federal Transit Administration (FTA) must prepare a
Supplemental Environmental Impact Statement (SEIS) pursuant to the
requirements of the National Environmental Policy Act (NEPA), 42 U.S.C.
4321-4376 and implementing regulations. The court again granted Plaintiffs
motion for summary judgment on that issue, holding that, among other problems,
the FTA arbitrarily disregarded Plaintiffs expert submission to the agency in
contravention of this Courts precedents. See Ex. A at 9-11.
The courts ruling renders Marylands mandamus petition moot. It resolves
the issue that had been remanded to FTA; orders Defendants to prepare an SEIS
as expeditiously as possible, ECF No. 139; explains why Marylands demand
for a ruling by April 28 although summary judgment briefing had only been
completed in January of this year had to compete with the many other matters on
the courts docket, Ex. A at 2 & n.1; and explains how the court intends to address
any other issues that warrant resolution in the case. Id. at 3. If Maryland is
unwilling to withdraw its petition in light of this development, which it should, the
petition should be denied as moot.1
Rejection of the petition on mootness grounds is particularly appropriate in
view of the extreme nature of the remedy sought by Maryland. Mandamus is a
drastic and extraordinary remedy reserved for really extraordinary cases. U.S.
v. Fokker Services B.V., 818 F.3d 733, 747 (D.C. Cir. 2016) (quoting Cheney v.
U.S. District Court for the District of Columbia, 542 U.S. 367, 380 (2004)). Both
this Court and the Supreme Court have stressed the extreme rarity of mandamus
relief, observing that our cases have answered the question as to the availability of
mandamus . . . with the refrain: What, never? Well, hardly ever! Allied Chem.
Corp. v. Daiflon, Inc., 449 U.S. 33, 36 (1980) (emphasis in original); see also In Re
Cheney, 406 F.3d 723, 729 (D.C. Cir. 2005) (observing that mandamus relief is
hardly ever granted).
1
At minimum, if Maryland believes that it is still entitled to mandamus relief
notwithstanding the dramatic change in circumstances, it should reframe its
petition, which assumed the district courts failure to rule on the adequacy of the
additional analysis ordered in its August 3 Opinion. Pet. at 12. If Maryland truly
believes that it still has a right to mandamus relief although the district court has
now ruled on the adequacy of the FTAs analysis and ordered preparation of an
SEIS as a consequence Plaintiffs at least have a right know what revised
rationale for mandamus they are responding to under these new circumstances.
2
Even in the absence of the district courts ruling issued yesterday, Maryland
had no serious argument that this is one of the exceedingly small number of cases
in which the hardly ever granted remedy of mandamus relief was warranted. A
cursory review of the docket entries for the district court proceedings demonstrates
that the court has in fact been conscientious in managing this litigation from its
inception until the present. See Ex. B (docket entries). The entries demonstrate
that:
Soon after the extensive administrative record was filed consisting of
approximately one quarter of a million pages, see Pet. Ex. B at 15 the
court adopted the parties own jointly proposed schedule for briefing the
case on cross-motions for summary judgment. ECF Nos. 29, 30.
One day after summary judgment briefing was completed, the court
issued a Minute Order scheduling a hearing on the cross-motions for
summary judgment. See 5/25/16 Minute Order.
The summary judgment hearing was held on the cross-motions on June
15, 2016 only three weeks after the completion of summary judgment
briefing and the Courts initial summary judgment ruling was issued on
August 3, 2016, less than two months later. See Friends of the Capital
Crescent Trail v. Fed. Transit Admin., 200 F. Supp. 2d 248 (D.D.C.
2016).
3
Although FTA and Maryland could have responded to that ruling by
preparing the SEIS that the court determined was necessary (and that
Federal Defendants could have immediately appealed, as Maryland
concedes, see Pet. at 15-16), they instead opted to file motions for partial
reconsideration. ECF Nos. 98, 99.
The district court ruled on the motions for reconsideration two months
after briefing on them was completed, granting (over Plaintiffs
opposition) FTAs and Marylands request that FTA be afforded another
opportunity to consider the necessity for an SEIS regarding the impact of
the unprecedented Metrorail problems on the justification for the Purple
Line. ECF No. 110.
And now, in keeping with the courts prior oversight of the litigation, the
court has issued another summary judgment ruling several months after
the conclusion of renewed summary judgment motions a ruling that
places this case in essentially the same procedural posture that it was in
before Defendants opted to spend their time many months ago seeking
reconsideration instead of preparing the SEIS that the court held was
necessary last August.
On this record, therefore, any notion that Maryland has a clear and
indisputable right to mandamus relief, Fokker Services, 818 F.3d at 747, is
4
nonsensical, especially in view of this Courts established case law on
unreasonable delay. In Telecommunications Research & Action Center v. Federal
Communications Commission, 750 F.2d 70 (D.C. Cir. 1984) (TRAC) and its
progeny, this Court established various factors for considering whether a delay is
unreasonable in the agency context. Applying those factors, the Court has held
that delays extending to several years may be deemed unreasonable. Id. at 80-81;
see also In Re Potomac Elec. Power Co. v. ICC, 702 F.2d 1026 (D.C. Cir. 1983);
MCI Telecomm. Corp. v. Fed. Commcn Commn, 627 F.2d 322, 340 (D.C. Cir.
1980). This Court has also relied on TRAC in assessing whether an extraordinary
writ should issue based on a district courts purported delay. In re United States,
925 F.2d 490 (D.C. Cir. 1991) (citing TRAC in determining that a short period of
delay is not sufficient to establish that petitioner has a clear and indisputable right
to issuance of the writ).
Marylands petition, however, does not even cite TRAC, let alone apply the
TRAC factors or precedents in its petition. Nor has the State cited any even
plausibly pertinent Circuit precedent that could support mandamus relief under the
facts here. Particularly given the deference [this Court] owes trial courts in the
management of their cases, the district courts oversight of the litigation is not
5
remotely one from which defendants have an indisputable right to relief. In Re
Cheney, 544 F.3d 311, 313 (D.C. Cir. 2008).2
Marylands fear that this dispute will ultimately be decided by pocket veto
rather than on the merits, Pet. at 12, is now also indisputably moot since the
Court has (again) decided the case on the merits, reaffirming that FTA violated
NEPA and must prepare an SEIS. It nevertheless bears noting that the economic
injury the State asserts is entirely self-inflicted. Maryland entered into the
contracts and other financial arrangements on which it now relies for its assertion
of harm well after this case was filed. See Pet. Ex. B at 14-16, 20-22; see also id.
at 21 (observation by district court at status hearing that [t]his lawsuit is no
secret to potential contractors who have known about this suit now for months
2
Marylands assertion that the district court has addressed a single issue out
of the 24 issues raised in the summary judgment motions, Pet. at 12, is both
obscure and utterly irrelevant to whether mandamus relief is appropriate. Plaintiffs
do not know what Maryland means by issues raised, but Plaintiffs have not
asserted or briefed anything close to 24 claims. In any event, a district court is
under no obligation to resolve each claim in a case according to the same schedule
and it is commonplace for reviewing courts, including this one, to remand an
important matter to an agency while reserving judgment on, or even avoiding
entirely, other issues that may be rendered moot or modified based on what occurs
in the remanded proceedings. Consequently, particularly in a case involving a
250,000 page administrative record, the district courts election to focus first on an
issue that the court has determined warrants preparation of an SEIS falls well
within the authority that is inherent in every court to control the disposition of the
cases on is docket in a manner that the court deems most in accord with the
interests of judicial economy and efficiency. Airline Pilots Assn v. Miller, 523
U.S. 866, 879 n.6 (1988) (internal quotation omitted).
6
and that at this point, the most important thing is to make sure that the record is
complete and accurate and that each side gets a fair opportunity to present its
cross-motions for summary judgment).
As Maryland concedes, the Purple Line project has been under consideration
for well more than a decade, Pet. at 2, and the State could certainly have allowed
the district court litigation to be resolved before entering into contracts and making
the other commitments on which it now depends for its assertions of injury.3 It is
well-established that a litigant cannot be heard to complain about damage
inflicted by its own hand. Pennsylvania v. New Jersey, 426 U.S. 660, 664 (1976)
(per curiam); see also Taylor v. F.D.I.C., 132 F.3d 753, 767 (D.C. Cir. 1997)
(rejecting injunctive relief claim by plaintiffs seek[ing] a remedy for injury that is
in large part self-inflicted); Lee v. Christian Coal. of Am., Inc., 160 F. Supp. 2d
14, 33 (D.D.C. 2001) (The case law is well-settled that [a] preliminary injunction
movant does not satisfy the irreparable harm criterion when the alleged harm is
self-inflicted.) (citation omitted). If, as these precedents reflect, a party cannot
rely on self-inflicted injury even in the context of garden-variety equitable relief,
3
Those commitments are primarily made in the Maryland Transit
Administrations P3 Agreement with Purple Line Transit Partners, which,
according to the States declarant, was executed on April 7, 2016. Pet. Ex. A 38.
That date occurred while the parties were in the midst of summary judgment
briefing, see ECF Nos. 54-59, and a little more than a month before the district
court issued an order scheduling a summary judgment hearing. See 5/25/16
Minute Order.
7
then Maryland certainly may not do so in seeking the extraordinary remedy of
mandamus.4
Finally, Marylands assertion of injury, in addition to being self-inflicted,
improperly assumes the outcome of the supplemental NEPA process that the
district court has now (twice) held to be necessary. A central focus of the required
SEIS will be on whether previously rejected alternatives (such as improved bus
service) that are now viable in view of the declining Metrorail ridership can now
4
Even further undercutting the States petition is the fact that the federal
government has recently declared that projects like the Purple Line should not even
receive federal funding. See ECF No. 134 at Ex A p. 2 (OMB budget document
providing that funding for New Starts projects should be limited to projects
with existing full funding grant agreements only, because [f]uture investments
in new transit projects would be funded by the localities that use and benefit from
these localized projects, rather than the federal government) (emphasis added).
In view of this recent statement of policy, Marylands assumption that it would
receive a federal grant but for the projects legal difficulties is unwarranted. It is
particularly unjustified in view of the fact that FTAs attorney told the district court
at the June 2016 summary judgment hearing that the substantive findings necessary
for a federal grant under the Federal Transportation Act, 49 U.S.C. 5309, had not
even been made, and that they would need to be made in an entirely separate
decision making process not yet available for judicial review. See Pet. Ex. C at 37-
38 (statement by government counsel that section 5309 requires a separate
finding that had not yet been made). Accordingly, such findings appear nowhere
in the administrative record, and it is difficult to see how they now could be made
in view of the precarious state of WMATA financing. See, e.g., 49 U.S.C.
5309(2)(d)(2)(A)(iii) (requiring FTA to find, as a precondition to providing a grant,
that local resources are available to recapitalize, maintain, and operate the overall
existing and proposed public transportation system, including essential feeder bus
and other services necessary to achieve the projected ridership levels without
requiring a reduction in existing public transportation services or level of service
to operate the project) (emphasis added).
8
be accomplished with far less environmental damage than the Purple Line (which
will, e.g., destroy many acres of forest, degrade water ways, and harm wildlife and
historic sites, among many other adverse impacts, see ECF No. 100-4) and at a
fraction of the overall cost to taxpayers. See, e.g., ECF No. 119 at 4-5 (explanation
by former World Bank economist Frank Lysy that since FTAs own earlier NEPA
analysis assumed that much of the Purple Lines ridership would come from
Metrorail users, the significant decline in such ridership makes it necessary to
reassess less expensive and environmentally damaging alternatives).
At bottom, Marylands petition amounts to no more than a partys
dissatisfaction with how a trial court is handling litigation. But if that were enough
for mandamus, then a hardly ever remedy would be transformed into a routine
one. The Court should therefore deny the petition, which did not satisfy the
stringent standard for mandamus when it was filed and is now, in any case, moot
due to the summary judgment ruling issued yesterday.
Respectfully submitted,
/s/Eric R. Glitzenstein
Eric R. Glitzenstein
Meyer Glitzenstein & Eubanks LLP
4115 Wisconsin Ave. N.W., Suite 210
Washington, D.C. 20016
(202) 588-5206
eglitzenstein@meyerglitz.com
9
David W. Brown
Knopf & Brown
401 E. Jefferson Street, Suite 206
Rockville, MD 20850
(301) 545-6100
brown@knopf-brown.com
John M. Fitzgerald
Attorney and Advocate
4502 Elm Street
Chevy Chase, MD 20815
(301) 913-5409
johnmfitzgerald@earthlink.net
Counsel for Plaintiffs-Respondents
Dated: May 23, 2017
CERTIFICATE OF COMPLIANCE
I hereby certify that this brief complies with the type-volume limitation
imposed by the Court. It contains 2,270 words, excluding the parts of the brief
exempted by Fed. R. App. P. 32(a)(7)(B)(iii). The brief complies with the typeface
requirements of Fed. R. App. P. 32(a)(5) and the type style requirements of Fed. R.
App. P. 32(a)(6) because the brief has been prepared in proportionally spaced
typeface using Word in 14-point Times New Roman Style.
/s/ Eric R. Glitzenstein

Dated: May 23, 2017
10
CIRCUIT RULE 26.1 DISCLOSURE STATEMENT
Plaintiffs-respondents are a non-profit conservation organization, the Friends
of the Capital Crescent Trail, and two individuals, John Fitzgerald and Christine
Real de Azua. Consequently, none of the disclosure required by Rule 26.1 is
relevant.
/s/ Eric R. Glitzenstein

Dated: May 23, 2017
CERTIFICATE OF SERVICE
I hereby certify that the foregoing brief is being served, this 23d day of May,
2017, on counsel of record through filing on the Courts electronic record filing
system, and also on counsel for Maryland Transit Administration through
electronic mail: Linda E. Strozyk (DeVuono), ldevuono@sha.state.md.us; Albert
M. Ferlo, aferlo@perkinscoie.com.
/s/Eric R. Glitzenstein
11
EXHIBIT A
Case 1:14-cv-01471-RJL Document 138 Filed 05/22/17 Page 1 of 12
EXHIBIT B
District of Columbia live database Page 1 of 24
TYPE-C
U.S. District Court

District of Columbia (Washington, DC)
CIVIL DOCKET FOR CASE #: 1:14-cv-01471-RJL
FITZGERALD et al v. FEDERAL TRANSIT Date Filed: 08/26/2014

ADMINISTRATION et al Jury Demand: None
Assigned to: Judge Richard J. Leon Nature of Suit: 893 Environmental
Demand: $0 Matters
Cause: 16:1538 Endangered Species Act Jurisdiction: U.S. Government
Defendant
Plaintiff
JOHN M. FITZGERALD represented by David W. Brown
KNOPF & BROWN
401 East Jefferson Street
Suite 206
Rockville, MD 20850
(301) 545-6100
Fax: (301) 545-6103
Email: brown@knopf-brown.com
LEAD ATTORNEY
ATTORNEY TO BE NOTICED
Eric Robert Glitzenstein

MEYER GLITZENSTEIN & EUBANKS
LLP
4115 Wisconsin Avenue, NW
Suite 210
Washington, DC 20016
(202) 588-5206 x 13
Fax: (202) 588-5049
Email: eglitzenstein@meyerglitz.com
LEAD ATTORNEY
John MacKnight Fitzgerald

JOHN FITZGERALD, ATTORNEY
AND ADVOCATE
4502 Elm Street
Chevy Chase, MD 20815
(202) 288-0231
Email: johnmfitzgerald@earthlink.net
LEAD ATTORNEY
https://ecf.dcd.uscourts.gov/cgi-bin/DktRpt.pl?998279963365676-L_1_0-1 5/23/2017
Plaintiff
FRIENDS OF THE CAPITAL represented by David W. Brown
CRESCENT TRAIL (See above for address)
LEAD ATTORNEY

(See above for address)
LEAD ATTORNEY

LEAD ATTORNEY
Plaintiff
CHRISTINE REAL DE AZUA represented by David W. Brown
LEAD ATTORNEY

LEAD ATTORNEY

LEAD ATTORNEY
V.
Defendant
FEDERAL TRANSIT represented by Jeremy Hessler
ADMINISTRATION UNITED STATES DEPARTMENT OF
JUSTICE
Environment & Natural Resources
Division
P.O. Box 7611
(202) 305-0431
Fax: (202) 305-0275
Email: jeremy.hessler@usdoj.gov
LEAD ATTORNEY
Kevin W. McArdle
U.S. DEPARTMENT OF JUSTICE
Wildlife & Marine Rescue Section
P.O. Box 7369
Washington, DC 20044-7369
(202) 305-0219
Fax: (202) 305-0275
Email: kevin.mcardle@usdoj.gov
LEAD ATTORNEY
Tyler L. Burgess
U.S. DEPARTMENT OF JUSTICE
Environment & Natural Resources
Division
601 D Street NW, Room 3204
Room 3204
(202) 616-4119
Fax: (202) 305-0506
Email: tyler.burgess@usdoj.gov
LEAD ATTORNEY
Defendant
DEPARTMENT OF represented by Jeremy Hessler
TRANSPORTATION (See above for address)
LEAD ATTORNEY
Kevin W. McArdle
LEAD ATTORNEY
Tyler L. Burgess
LEAD ATTORNEY
Defendant
UNITED STATES FISH AND represented by Jeremy Hessler
WILDLIFE SERVICE (See above for address)
LEAD ATTORNEY
Kevin W. McArdle
LEAD ATTORNEY
Tyler L. Burgess
LEAD ATTORNEY
Defendant
DEPARTMENT OF THE represented by Jeremy Hessler
INTERIOR (See above for address)
LEAD ATTORNEY
Kevin W. McArdle
LEAD ATTORNEY
Tyler L. Burgess
LEAD ATTORNEY
V.
Intervenor Defendant
STATE OF MARYLAND represented by Albert M. Ferlo , Jr.
PERKINS COIE LLP
700 13th Street, NW
Suite 600
(202) 654-6262
Email: aferlo@perkinscoie.com
LEAD ATTORNEY
Linda M. Strozyk DeVuono

OFFICE OF THE ATTORNEY
GENERAL- MD
100 S. Charles Street
Tower II, Suite 700
Baltimore, MD 21201
(410) 451-3722
Fax: (410) 209-5007
Email: lstrozyk@sha.state.md.us
LEAD ATTORNEY
Amicus
PRINCE GEORGE'S COUNTY, represented by Gessesse Teferi

MARYLAND PRINCE GEORGE'S COUNTY
GOVERNMENT
Office of Law
14741 Gov. Oden Bowie Drive
Suite 5121
Upper Marlboro, MD 20772
(301) 952-4874
Fax: (301) 952-3071
Email: gteferi@co.pg.md.us
LEAD ATTORNEY
William Antoine Snoddy

PRINCE GEORGE'S COUNTY
GOVERNMENT
Office of Law
14741 Gov. Oden Bowie Drive
Suite 5121
Upper Marlboro, MD 20772
(301) 952-3808
Fax: (301) 574-8390
Email: wasnoddy@co.pg.md.us
TERMINATED: 01/17/2017
Amicus
MONTGOMERY COUNTY, represented by John Paul Markovs
MARYLAND DEPUTY COUNTY ATTORNEY
Montgomery County, Maryland
101 Monroe Street, 3rd Floor
Rockville, MD 20850
(240) 777-6725
Fax: (240) 777-6706
Email:
john.markovs@montgomerycountymd.gov
LEAD ATTORNEY
Date Filed # Docket Text

08/26/2014 1 COMPLAINT against All Defendants ( Filing fee $ 400 receipt number 0090-
3820133) filed by John M Fitzgerald, Christine Real de Azua, Friends of the
Capital Crescent Trail. (Attachments: # 1 Civil Cover Sheet, # 2 Summons, )
(Brown, David). (Entered: 08/26/2014)
08/26/2014 2 Corporate Disclosure Statement by JOHN M. FITZGERALD, FRIENDS OF
THE CAPITAL CRESCENT TRAIL, CHRISTINE REAL DE AZUA. (sth, )
(Entered: 08/27/2014)
08/26/2014 Case Assigned to Judge Richard J. Leon. (sth, ) (Entered: 08/27/2014)

08/27/2014 3 NOTICE Corrected Civil Cover Sheet and Corrected Summons by JOHN M.
FITZGERALD, FRIENDS OF THE CAPITAL CRESCENT TRAIL,
CHRISTINE REAL DE AZUA (Attachments: # 1 Summons)(Brown, David)
(Entered: 08/27/2014)
08/28/2014 4 STANDING ORDER. Signed by Judge Richard J. Leon on 8/28/2014. (lcrjl1)
(Entered: 08/28/2014)
09/02/2014 5 NOTICE of Appearance by Jeremy Scott Hessler on behalf of All Defendants
(Hessler, Jeremy) (Entered: 09/02/2014)
09/09/2014 6 SUMMONS (6) Issued Electronically as to DEPARTMENT OF THE
INTERIOR, DEPARTMENT OF TRANSPORTATION, FEDERAL
TRANSIT ADMINISTRATION, U.S. FISH AND WILDLIFE SERVICE,
U.S. Attorney and U.S. Attorney General (jf) (Entered: 09/09/2014)
09/29/2014 7 NOTICE of Appearance by Tyler L. Burgess on behalf of All Defendants
(Burgess, Tyler) (Entered: 09/29/2014)
12/19/2014 8 RETURN OF SERVICE/AFFIDAVIT of Summons and Complaint Executed
on United States Attorney General. Date of Service Upon United States
Attorney General 12/16/2014. (Brown, David) (Entered: 12/19/2014)
12/19/2014 9 RETURN OF SERVICE/AFFIDAVIT of Summons and Complaint Executed.
DEPARTMENT OF THE INTERIOR served on 12/17/2014 (Brown, David)
(Entered: 12/19/2014)
DEPARTMENT OF TRANSPORTATION served on 12/15/2014 (Brown,
David) (Entered: 12/19/2014)
U.S. FISH AND WILDLIFE SERVICE served on 12/15/2014 (Brown, David)
(Entered: 12/19/2014)
12/19/2014 12 RETURN OF SERVICE/AFFIDAVIT of Summons and Complaint Executed
as to the United States Attorney. Date of Service Upon United States Attorney
on 12/16/2014. Answer due for ALL FEDERAL DEFENDANTS by
2/14/2015. (Brown, David) (Entered: 12/19/2014)
FEDERAL TRANSIT ADMINISTRATION served on 12/15/2014 (Brown,
02/09/2015 14 NOTICE of Appearance by Kevin W. McArdle on behalf of All Defendants
(McArdle, Kevin) (Entered: 02/09/2015)
02/09/2015 15 Unopposed MOTION for Extension of Time to File Certified List of
Administrative Record Contents by DEPARTMENT OF THE INTERIOR,
DEPARTMENT OF TRANSPORTATION, FEDERAL TRANSIT
ADMINISTRATION, U.S. FISH AND WILDLIFE SERVICE (Attachments: #
1 Text of Proposed Order)(McArdle, Kevin) (Entered: 02/09/2015)
02/17/2015 16 WITHDRAWN PURSUANT TO NOTICE FILED 04/24/15.....MOTION to

Dismiss by DEPARTMENT OF THE INTERIOR, DEPARTMENT OF
TRANSPORTATION, FEDERAL TRANSIT ADMINISTRATION, U.S.
FISH AND WILDLIFE SERVICE (Attachments: # 1 Memorandum in
Support, # 2 Exhibit Plaintiffs' Notice of Intent to Sue, # 3 Text of Proposed
Order)(Hessler, Jeremy) Modified on 4/24/2015 (jth). (Entered: 02/17/2015)
02/17/2015 MINUTE ORDER granting 15 Motion for Extension of Time to File. It is
hereby ORDERED that defendants' motion for extension of time is
GRANTED. It is further ORDERED that plaintiffs shall have 21 days to serve
and file a memorandum in opposition to defendants' motion to dismiss. It is
further ORDERED that defendants shall have 30 days after the filing of the
answer to file the certified list pursuant to Local Civil Rule 7(n). Signed by
Judge Richard J. Leon on 2/17/2015. (lcrjl1, ) (Entered: 02/17/2015)
03/05/2015 17 WITHDRAWN PURSUANT TO NOTICE FILED
6/19/2015.....STIPULATION to Extension of Time and Amend Schedule by
DEPARTMENT OF THE INTERIOR, DEPARTMENT OF
FISH AND WILDLIFE SERVICE. (Burgess, Tyler) Modified on 6/22/2015
(znmw). (Entered: 03/05/2015)
03/10/2015 18 MOTION to Intervene by State of Maryland (Attachments: # 1 Memorandum
in Support, # 2 Exhibit Proposed Answer to Complaint)(Strozyk, Linda)
(Additional attachment(s) added on 7/1/2015: # 3 Exhibit Proposed Answer to
Amended Complaint) (zrdj). (Entered: 03/10/2015)
03/24/2015 19 RESPONSE re 18 MOTION to Intervene of the State of Maryland filed by
JOHN M. FITZGERALD, FRIENDS OF THE CAPITAL CRESCENT
TRAIL, CHRISTINE REAL DE AZUA. (Brown, David) (Entered:
03/24/2015)
04/09/2015 20 AMENDED COMPLAINT First against DEPARTMENT OF THE
TRANSIT ADMINISTRATION, STATE OF MARYLAND, U.S. FISH AND
WILDLIFE SERVICE filed by JOHN M. FITZGERALD, CHRISTINE REAL
DE AZUA, FRIENDS OF THE CAPITAL CRESCENT TRAIL.(Brown,
04/22/2015 21 STIPULATION by DEPARTMENT OF THE INTERIOR, DEPARTMENT
OF TRANSPORTATION, FEDERAL TRANSIT ADMINISTRATION, U.S.
FISH AND WILDLIFE SERVICE. (Burgess, Tyler) (Entered: 04/22/2015)
04/23/2015 22 ANSWER to 20 Amended Complaint, by DEPARTMENT OF THE
TRANSIT ADMINISTRATION, U.S. FISH AND WILDLIFE SERVICE.
Related document: 20 Amended Complaint, filed by CHRISTINE REAL DE
AZUA, FRIENDS OF THE CAPITAL CRESCENT TRAIL, JOHN M.
FITZGERALD.(Burgess, Tyler) (Entered: 04/23/2015)
04/24/2015 23 NOTICE OF WITHDRAWAL OF MOTION by DEPARTMENT OF THE
TRANSIT ADMINISTRATION, U.S. FISH AND WILDLIFE SERVICE re

16 MOTION to Dismiss Without Prejudice (McArdle, Kevin) (Entered:
04/24/2015)
05/22/2015 24 ADMINISTRATIVE RECORD by DEPARTMENT OF THE INTERIOR,
ADMINISTRATION, U.S. FISH AND WILDLIFE SERVICE. (Attachments:
# 1 Exhibit Declaration of Terry Garcia Crews, # 2 Exhibit Certified list of the
contents of FTA's Administrative Record, # 3 Exhibit Declaration of
Genevieve LaRouche, # 4 Exhibit Certified list of the contents of FWS's
Administrative Record)(Burgess, Tyler) (Entered: 05/22/2015)
06/02/2015 25 ADMINISTRATIVE RECORD by DEPARTMENT OF THE INTERIOR,
ADMINISTRATION, U.S. FISH AND WILDLIFE SERVICE. (Attachments:
# 1 Exhibit Second Declaration of Terry Garcia Crews, # 2 Exhibit Certified
list of the contents of FWS's Administrative Record for the amphipod
information)(Burgess, Tyler) (Entered: 06/02/2015)
06/19/2015 26 NOTICE of Withdrawal of Stipulation to Extension of Time and Amend
Schedule by DEPARTMENT OF THE INTERIOR, DEPARTMENT OF
FISH AND WILDLIFE SERVICE re 17 Stipulation (Burgess, Tyler) (Entered:
06/19/2015)
06/29/2015 27 ENTERED IN ERROR.....State ANSWER to 20 Amended Complaint, by
STATE OF MARYLAND. Related document: 20 Amended Complaint, filed
by CHRISTINE REAL DE AZUA, FRIENDS OF THE CAPITAL
CRESCENT TRAIL, JOHN M. FITZGERALD. (Attachments: # 1 Text of
Proposed Order)(Strozyk DeVuono, Linda) Modified on 7/1/2015 (zrdj).
(Entered: 06/29/2015)
07/01/2015 NOTICE OF CORRECTED DOCKET ENTRY: re 27 Answer to Amended
Complaint, was entered in error and added as an attachment to 18 Motion to
Intervene, which is pending. (zrdj) (Entered: 07/01/2015)
07/10/2015 Set/Reset Hearings: Status Conference set for 7/15/2015 03:00 PM in
Courtroom 18 before Judge Richard J. Leon to discuss the motion to intervene
by the State of Maryland. (lcrjl1, ) (Entered: 07/10/2015)
07/15/2015 Minute entry for Proceedings held before Judge Richard J. Leon: Status
Conference held on 7/15/2015. It is ORDERED that the 18 Motion of the State
of Maryland to Intervene is GRANTED; and it is further ORDERED that the
Clerk is directed to file the State of Maryland's Answer to the First Amended
Complaint (Dkt. #18-3); and it is further ORDERED that the parties are
directed to meet, confer and file a proposed briefing schedule within the next
two weeks. (Court Reporter William Zaremba) (jth) (Entered: 07/17/2015)
07/15/2015 28 ANSWER to 20 Amended Complaint, by STATE OF MARYLAND. Related
document: 20 Amended Complaint, filed by CHRISTINE REAL DE AZUA,
FRIENDS OF THE CAPITAL CRESCENT TRAIL, JOHN M.
FITZGERALD.(znmw) (Entered: 07/20/2015)
07/31/2015 29 MEET AND CONFER STATEMENT. (Attachments: # 1 Text of Proposed

Order)(Hessler, Jeremy) (Entered: 07/31/2015)
08/07/2015 30 ORDER. Plaintiff's shall notify the Federal Defendants whether they believe
the Records are complete or should be supplemented with additional materials
by 10/2/2015; The parties shall notify the Court and file a Status Report by
10/14/2015; Any Motion challenging the completeness of the Administrative
Record by 10/21/2015. Briefing on any such motion shall proceed in
accordance with LCvR 7. The Court will attempt to rule on any Record motion
as expeditiously as practicable so the matter is resolved prior to beginning of
summary judgment briefing; Plaintiff's Motion for Summary Judgment is due
by 1/15/2016; Federal Defendants and Intervenor each shall file their combined
Opposition and Cross Motions (not to exceed 45 pages) by 2/29/2016;
Plaintiffs shall file a single combined Reply and Opposition to Federal
Defendants' and Defendant Intervenor's Cross Motions (not to exceed 45
pages) by 3/29/2016; Federal Defendants and Defendant Intervenor Reply (not
to exceed 25 pages) is due by 4/12/2016. Plaintiff's shall file the Joint
Administrative Record Appendix by 4/21/2016; A Hearing on cross-motions
for summary judgment will be scheduled for 4/26/2016, or as soon as
practicable thereafter. (SEE THE ORDER FOR COMPLETE DETAILS)
Signed by Judge Richard J. Leon on 8/7/2015. (jth) (Entered: 08/10/2015)
10/14/2015 31 Joint STATUS REPORT by DEPARTMENT OF THE INTERIOR,
ADMINISTRATION, U.S. FISH AND WILDLIFE SERVICE. (Burgess,
Tyler) (Entered: 10/14/2015)
10/19/2015 32 MOTION for Leave to File Supplemental Complaint by JOHN M.
CHRISTINE REAL DE AZUA (Attachments: # 1 Supplement Supplemental
Complaint, # 2 Text of Proposed Order Proposed Order)(Brown, David)
(Entered: 10/19/2015)
10/20/2015 MINUTE ORDER granting 32 MOTION for Leave to File Supplemental
Complaint. It is hereby ORDERED that the motion is GRANTED and that
Plaintiffs' Supplemental Complaint is accepted for filing. Signed by Judge
Richard J. Leon on 10/20/15. (lcrjl1, ) Modified event title on 10/21/2015
(znmw). (Entered: 10/20/2015)
10/20/2015 33 SUPPLEMENTAL COMPLAINT against DEPARTMENT OF THE
TRANSIT ADMINISTRATION, STATE OF MARYLAND, U.S. FISH AND
WILDLIFE SERVICE filed by JOHN M. FITZGERALD, CHRISTINE REAL
DE AZUA, FRIENDS OF THE CAPITAL CRESCENT TRAIL.(znmw)
(Entered: 10/21/2015)
11/02/2015 34 ADMINISTRATIVE RECORD Corrected by DEPARTMENT OF THE
(Attachments: # 1 Exhibit Third Declaration of Terry Garcia Crews, # 2
Exhibit Corrected certified list of FTA's administrative record contents (AR2)
Part I, # 3 Exhibit Corrected certified list of FTA's administrative record
contents (AR2) Part II, # 4 Exhibit Corrected certified list of FTA's

administrative record contents (AR3))(Burgess, Tyler) (Entered: 11/02/2015)
11/02/2015 35 ANSWER to 33 Amended Complaint, by DEPARTMENT OF THE
Related document: 33 Amended Complaint, filed by CHRISTINE REAL DE
AZUA, FRIENDS OF THE CAPITAL CRESCENT TRAIL, JOHN M.
FITZGERALD.(Burgess, Tyler) (Entered: 11/02/2015)
11/02/2015 36 ADMINISTRATIVE RECORD (AR4) by DEPARTMENT OF THE
(Attachments: # 1 Exhibit Fourth Declaration of Terry Garcia Crews, # 2
Exhibit Certified list of the contents of FTA's Administrative Record (AR4))
11/03/2015 37 ANSWER to 33 Amended Complaint, by STATE OF MARYLAND. Related
document: 33 Amended Complaint, filed by CHRISTINE REAL DE AZUA,
FRIENDS OF THE CAPITAL CRESCENT TRAIL, JOHN M.
FITZGERALD.(Strozyk DeVuono, Linda) (Entered: 11/03/2015)
01/06/2016 38 NOTICE of Appearance by Albert M. Ferlo, Jr on behalf of STATE OF
MARYLAND (Ferlo, Albert) (Entered: 01/06/2016)
01/11/2016 39 ADMINISTRATIVE RECORD (AR 5) by DEPARTMENT OF THE
(Attachments: # 1 Exhibit Certification of Index to Administrative Record
(AR5), # 2 Exhibit Index to Administrative Record (AR 5))(McArdle, Kevin)
(Entered: 01/11/2016)
01/11/2016 40 ADMINISTRATIVE RECORD (AR2 - CORRECTED) by DEPARTMENT OF
THE INTERIOR, DEPARTMENT OF TRANSPORTATION, FEDERAL
(Attachments: # 1 Exhibit Corrected Certified List of Administrative Record
Contents (AR2))(McArdle, Kevin) (Entered: 01/11/2016)
01/14/2016 41 Joint MOTION to Modify Schedule by DEPARTMENT OF THE INTERIOR,
ADMINISTRATION, U.S. FISH AND WILDLIFE SERVICE (Attachments: #
1 Text of Proposed Order)(McArdle, Kevin) (Entered: 01/14/2016)
01/19/2016 MINUTE ORDER granting 41 Joint MOTION To Modify Schedule. It is
hereby ORDERED the schedule established in the Court's Order dated August
7, 2015 30 is modified as follows: Plaintiffs may filed a second supplemental
complaint, limited to challenging FTA's January 7, 2016 decision, no later than
January 20, 2016; Federal Defendants and Defendant Intervenor shall file any
answers to the second supplemental complaint no later than January 27, 2016;
on or before February 12, 2016, Plaintiffs shall file their Motion for Summary
Judgment, the memorandum for which shall not exceed 50 pages; on or before
March 28, 2016, Federal Defendants and Defendant Intervenor each shall file
any combined Opposition to Plaintiffs' Motion for Summary Judgment and

Cross-Motion for Summary Judgment, the memoranda for which shall not
exceed 50 pages each; on or before April 26, 2016, Plaintiffs shall file any
combined Reply and Opposition to Federal Defendants' and Defendant
Intervenor's Cross-Motions for Summary Judgment, the memorandum for
which shall not exceed 45 pages; on or before May 10, 2016, Federal
Defendants and Defendant Intervenor shall file any Reply, the memoranda for
which shall not exceed 25 pages each; on or before May 19, 2016, Plaintiffs
shall file the joint Administrative Records appendix as required by LCvR 7(n)
(2). Signed by Judge Richard J. Leon on 01/19/2016. (lcrjl1, ) (Entered:
01/19/2016)
01/20/2016 42 AMENDED COMPLAINT Second Supplemental Complaint against All
Defendants filed by JOHN M. FITZGERALD, CHRISTINE REAL DE
AZUA, FRIENDS OF THE CAPITAL CRESCENT TRAIL.(Brown, David)
(Entered: 01/20/2016)
01/22/2016 Set/Reset Deadlines: Second supplemental complaint due by
1/20/2016.Answer due by 1/27/2016, Cross Motions due by 3/28/2016.
Response to Cross Motions due by 4/26/2016. Reply to Cross Motions due by
5/10/2016. Summary Judgment motions due by 2/12/2016. Response to Motion
for Summary Judgment due by 3/28/2016. Reply to Motion for Summary
Judgment due by 4/26/2016. (tb) (Entered: 01/22/2016)
01/27/2016 43 ANSWER to 42 Amended Complaint (Second Supplemental Complaint) by
STATE OF MARYLAND. Related document: 42 Amended Complaint filed by
CHRISTINE REAL DE AZUA, FRIENDS OF THE CAPITAL CRESCENT
TRAIL, JOHN M. FITZGERALD.(Ferlo, Albert) (Entered: 01/27/2016)
01/27/2016 44 ANSWER to 42 Amended Complaint (Second Supplemental Complaint) by
FISH AND WILDLIFE SERVICE. Related document: 42 Amended Complaint
filed by CHRISTINE REAL DE AZUA, FRIENDS OF THE CAPITAL
CRESCENT TRAIL, JOHN M. FITZGERALD.(Burgess, Tyler) (Entered:
01/27/2016)
02/04/2016 45 ADMINISTRATIVE RECORD (AR2 - CORRECTED) by DEPARTMENT OF
(Attachments: # 1 Exhibit Corrected Certified List of Administrative Record
Contents (AR2))(Burgess, Tyler) (Entered: 02/04/2016)
02/11/2016 46 Unopposed MOTION to Modify Schedule by JOHN M. FITZGERALD,
FRIENDS OF THE CAPITAL CRESCENT TRAIL, CHRISTINE REAL DE
AZUA (Attachments: # 1 Proposed Order)(Brown, David) (Entered:
02/11/2016)
02/15/2016 MINUTE ORDER granting 46 Unopposed Motion to Modify Schedule. It is
hereby ORDERED that the motion is GRANTED and that the following
schedule will govern the above-captioned case: on or before February 19,
2016, Plaintiffs shall file their Motion for Summary Judgment, and supporting
memorandum shall not exceed 50 pages; on or before April 4, 2016, Federal

Defendants and Intervenor shall file their combined opposition to Plaintiffs'
Motion for Summary Judgment and Cross-Motion for Summary Judgment, and
supporting memoranda shall not exceed 50 pages each; on or before May 3,
2016, Plaintiffs shall filed a single combined Reply and Opposition to Federal
Defendants' and Intervenor's Cross-Motions for Summary Judgment, and
supporting memorandum shall not exceed 45 pages; on or before May 17,
2016, Federal Defendants and Intervenor each shall file their Reply, and
supporting memoranda shall not exceed 45 pages each; and on or before May
26, 2016, Plaintiffs shall file the joint Administrative Records appendix as
required by LCvR 7(n)(2). Signed by Judge Richard J. Leon on 02/15/2016.
(lcrjl1, ) (Entered: 02/15/2016)
02/17/2016 Set/Reset Deadlines: Administrative Record due by 5/26/2016. Cross Motions
due by 4/4/2016. Response to Cross Motions due by 5/3/2016. Reply to Cross
Motions due by 5/17/2016. Summary Judgment motions due by 2/19/2016.
Response to Motion for Summary Judgment due by 4/4/2016. Reply to Motion
for Summary Judgment due by 5/3/2016. (tb) (Entered: 02/17/2016)
02/19/2016 47 MOTION for Summary Judgment by JOHN M. FITZGERALD, FRIENDS OF
THE CAPITAL CRESCENT TRAIL, CHRISTINE REAL DE AZUA
(Attachments: # 1 Memorandum in Support Plaintiffs' Motion for Summary
Judgment, # 2 Declaration of John Fitzgerald, # 3 Declaration of Christine Real
de Azua, # 4 Declaration of James Roy, # 5 Text of Proposed Order)(Brown,
02/22/2016 48 MOTION for Summary Judgment Revised Declaration of James Roy by JOHN
M. FITZGERALD, FRIENDS OF THE CAPITAL CRESCENT TRAIL,
CHRISTINE REAL DE AZUA (Brown, David) (Entered: 02/22/2016)
03/03/2016 49 MOTION to Amend/Correct Supplement Administrative Record, by JOHN M.
CHRISTINE REAL DE AZUA (Attachments: # 1 Supplement Supplemental
Record, # 2 Declaration Declaration of John Fitzgerald, # 3 Text of Proposed
Order Proposed Order, # 4 Certificate of Service Certificate of Service)(Brown,
David) Modified on 3/4/2016 (znmw). (Entered: 03/03/2016)
03/10/2016 50 Joint MOTION for Extension of Time to File Response/Reply as to 49
MOTION to Amend/Correct Supplement Administrative Record by
TRANSPORTATION, FEDERAL TRANSIT ADMINISTRATION, UNITED
STATES FISH AND WILDLIFE SERVICE (Attachments: # 1 Text of
Proposed Order)(McArdle, Kevin) (Entered: 03/10/2016)
03/14/2016 MINUTE ORDER granting 50 Joint Motion for Extension of Time. It is hereby
ordered that the Joint Motion for Extension of Time is GRANTED and that
further briefing on Plaintiffs' Motion to Supplement the Administrative Record
shall proceed as follows: Federal Defendants and Intervenor-Defendant shall
file any opposition briefs on or before April 4, 2016, and Plaintiffs shall file
any reply on or before May 3, 2016. Signed by Judge Richard J. Leon on
03/14/2016. (lcrjl1, ) (Entered: 03/14/2016)
03/29/2016 51 Unopposed MOTION for Extension of Time to File Further Briefing on Cross-
Motions for Summary Judgment and Plaintiff's Motion to Supplement
Administrative Record by DEPARTMENT OF THE INTERIOR,
ADMINISTRATION, UNITED STATES FISH AND WILDLIFE SERVICE
(Attachments: # 1 Text of Proposed Order)(McArdle, Kevin) (Entered:
03/29/2016)
03/31/2016 MINUTE ORDER granting 51 Federal Defendants' Unopposed Motion for
Extension of Time. It is hereby ordered that the motion is GRANTED. It is
further ORDERED that the briefing schedules for cross-motions for summary
judgment and plaintiffs' Motion to Supplement Administrative Record are
modified as follows: on or before April 11, 2016, Federal Defendants and
Intervenor shall file their combined opposition to Plaintiffs' Motion for
Summary Judgment and Cross-Motion for Summary Judgment, and supporting
memoranda shall not exceed 50 pages each; on or before April 11, 2016,
Federal Defendants and Intervenor shall file their opposition briefs to Plaintiffs'
Motion to Supplement the Administrative Record; on or before May 10, 2016,
Plaintiffs shall filed a single combined Reply and Opposition to Federal
Defendants' and Intervenor's Cross-Motions for Summary Judgment, and
supporting memorandum shall not exceed 45 pages; on or before May 10,
2016, Plaintiffs shall filed their reply brief in support of Plaintiffs' Motion to
Supplement the Administrative Record; on or before May 24, 2016, Federal
Defendants and Intervenor each shall file their reply brief in support of their
Cross-Motions for Summary Judgment, and supporting memoranda shall not
exceed 25 pages each; and on or before June 2, 2016, Plaintiffs shall file the
joint Administrative Records appendix as required by LCvR 7(n)(2). Signed by
Judge Richard J. Leon on 03/31/2016. (lcrjl1, ) (Entered: 03/31/2016)
04/01/2016 Set/Reset Deadlines: Federal Defendants and Intervenor shall file their
combined opposition to Plaintiffs' Motion for Summary Judgment and their
Cross-Motion for Summary Judgment by 4/11/2016; Federal Defendants and
Intervenor shall file their Opposition to Plaintiffs' Motion to Supplement the
Administrative Record by 4/11/2016; Plaintiffs shall filed a single combined
Reply and Opposition to Federal Defendants' and Intervenor's Cross-Motions
for Summary Judgment by 5/10/2016; Plaintiffs Reply in support of their
Motion to Supplement the Administrative Record is due by 5/10/2016; Federal
Defendants and Intervenor Reply briefs in support of their Cross-Motions for
Summary Judgment are due by 5/24/2016; Plaintiffs shall file the Joint
Administrative Records appendix as required by LCvR 7(n)(2) by 6/2/2016.
(jth) (Entered: 04/01/2016)
04/11/2016 52 RESPONSE re 49 MOTION to Amend/Correct Supplement Administrative
Record filed by DEPARTMENT OF THE INTERIOR, DEPARTMENT OF
STATES FISH AND WILDLIFE SERVICE. (Attachments: # 1 Declaration of
Jay M. Fox, # 2 Exhibit Fox Decl., Ex. 1, Part I, # 3 Exhibit Fox Decl., Ex. 1,
Part II, # 4 Exhibit Fox Decl., Ex. 1, Part III, # 5 Exhibit Fox Decl., Ex. 1, Part
IV, # 6 Exhibit Fox Decl., Ex. 1, Part V, # 7 Text of Proposed Order)(Burgess,
Tyler) (Entered: 04/11/2016)
04/11/2016 53 RESPONSE re 49 MOTION to Amend/Correct Supplement Administrative

Record filed by STATE OF MARYLAND. (Attachments: # 1 Text of
Proposed Order)(Strozyk DeVuono, Linda) (Entered: 04/11/2016)
04/11/2016 54 Cross MOTION for Summary Judgment by DEPARTMENT OF THE
TRANSIT ADMINISTRATION, UNITED STATES FISH AND WILDLIFE
SERVICE (Attachments: # 1 Text of Proposed Order)(Burgess, Tyler)
(Entered: 04/11/2016)
04/11/2016 55 Memorandum in opposition to re 47 MOTION for Summary Judgment and in
Support of Cross-Motion for Summary Judgment 54 filed by DEPARTMENT
OF THE INTERIOR, DEPARTMENT OF TRANSPORTATION, FEDERAL
SERVICE. (Burgess, Tyler) (Entered: 04/11/2016)
04/11/2016 56 Cross MOTION for Summary Judgment by STATE OF MARYLAND
(Attachments: # 1 Text of Proposed Order)(Strozyk DeVuono, Linda)
(Entered: 04/11/2016)
04/11/2016 57 RESPONSE re 47 MOTION for Summary Judgment filed by STATE OF
MARYLAND. (Strozyk DeVuono, Linda) (Entered: 04/11/2016)
05/10/2016 58 REPLY to opposition to motion re 49 MOTION to Amend/Correct Supplement
Administrative Record filed by JOHN M. FITZGERALD, FRIENDS OF THE
CAPITAL CRESCENT TRAIL, CHRISTINE REAL DE AZUA. (Brown,
05/10/2016 59 REPLY to opposition to motion re 47 MOTION for Summary Judgment filed
by JOHN M. FITZGERALD, FRIENDS OF THE CAPITAL CRESCENT
TRAIL, CHRISTINE REAL DE AZUA. (Attachments: # 1 Certificate of
Service)(Brown, David) (Entered: 05/10/2016)
05/23/2016 60 NOTICE of Appearance by John M. Fitzgerald on behalf of JOHN M.
CHRISTINE REAL DE AZUA (Brown, David) Modified on 5/24/2016
(znmw). (Entered: 05/23/2016)
05/24/2016 61 REPLY to opposition to motion re 54 Cross MOTION for Summary Judgment
filed by DEPARTMENT OF THE INTERIOR, DEPARTMENT OF
STATES FISH AND WILDLIFE SERVICE. (McArdle, Kevin) (Entered:
05/24/2016)
05/24/2016 62 REPLY to opposition to motion re 47 MOTION for Summary Judgment filed
by STATE OF MARYLAND. (Strozyk DeVuono, Linda) (Entered:
05/24/2016)
05/25/2016 MINUTE ORDER Setting Hearing on Motions. It is hereby ORDERED that a
hearing on 47 Plaintiffs' Motion for Summary Judgment, 54 Federal
Defendants' Cross-Motion for Summary Judgment, and 56 Defendant-
Intervenor's Cross-Motion for Summary Judgment shall be held before the
undersigned on June 15, 2016 at 2:30 PM in Courtroom 18. Signed by Judge

Richard J. Leon on 05/25/2016. (lcrjl1, ) (Entered: 05/25/2016)
05/26/2016 Set/Reset Hearings: Motion Hearing set for 6/15/2016 at 02:30 PM in
Courtroom 18 before Judge Richard J. Leon. (tb) (Entered: 05/26/2016)
06/02/2016 63 Joint MOTION for Extension of Time to File Joint Appendix by
STATES FISH AND WILDLIFE SERVICE (Burgess, Tyler) (Entered:
06/02/2016)
06/06/2016 64 ADMINISTRATIVE RECORD JOINT by JOHN M. FITZGERALD,
AZUA. (Brown, David) (Entered: 06/06/2016)
06/06/2016 65 ADMINISTRATIVE RECORD AR1 1-1229 by JOHN M. FITZGERALD,
06/06/2016 MINUTE ORDER granting nunc pro tunc 63 Joint Motion for Extension of
Time. It is hereby ORDERED that the motion is GRANTED and that the
parties have up to and including June 6, 2016 to file the joint appendix. Signed
by Judge Richard J. Leon on 06/06/2016. (lcrjl1, ) (Entered: 06/06/2016)
06/06/2016 71 ADMINISTRATIVE RECORD AR1 178719-22, AR1 3526, AR1 10890, AR1
2596-97 by JOHN M. FITZGERALD, FRIENDS OF THE CAPITAL
CRESCENT TRAIL, CHRISTINE REAL DE AZUA. (Attachments: # 1 AR1
3526, # 2 AR1 10890, # 3 AR1 178719-178722)(Brown, David) (Entered:
06/06/2016)
06/06/2016 72 ADMINISTRATIVE RECORD AR1 2779-2781, AR1 2367-5347 by JOHN M.
CHRISTINE REAL DE AZUA. (Attachments: # 1 AR1 2367-5347)(Brown,

06/06/2016 73 ADMINISTRATIVE RECORD AR1 11117-11643 by JOHN M.
CHRISTINE REAL DE AZUA. (Brown, David) (Entered: 06/06/2016)
06/06/2016 77 ADMINISTRATIVE RECORD AR1 18177-18326, AR1 18327-18476 by
TRAIL, CHRISTINE REAL DE AZUA. (Attachments: # 1 AR1 18327-18476)
(Brown, David) (Entered: 06/06/2016)
06/06/2016 78 ADMINISTRATIVE RECORD AR1 18477-18577, AR1 18558-18636 by
TRAIL, CHRISTINE REAL DE AZUA. (Attachments: # 1 AR1 18558-18636)
06/06/2016 80 ADMINISTRATIVE RECORD AR1 18802-18928, 18929-19028 by JOHN M.
06/06/2016 81 ADMINISTRATIVE RECORD AR1 19029-19125, 19126-19340 by JOHN M.
06/06/2016 82 ADMINISTRATIVE RECORD AR2 218038-226865, 226690-98, 206898-921,
178719-722 by JOHN M. FITZGERALD, FRIENDS OF THE CAPITAL
CRESCENT TRAIL, CHRISTINE REAL DE AZUA. (Attachments: # 1 AR2
226690-226698, # 2 AR2 206898-206921, # 3 AR2 178719-178722)(Brown,
06/06/2016 84
ADMINISTRATIVE RECORD FWS 189-192, 506-509, 961-969 by JOHN M.

CHRISTINE REAL DE AZUA. (Attachments: # 1 FWS 189-192, # 2 FWS
506-509, # 3 FWS 961-969)(Brown, David) (Entered: 06/06/2016)
06/06/2016 85 ADMINISTRATIVE RECORD FWS 1-1623, FWS 1537 by JOHN M.
CHRISTINE REAL DE AZUA. (Attachments: # 1 FWS 1537)(Brown, David)
(Entered: 06/06/2016)
06/07/2016 87 NOTICE Regarding Joint Appendix by STATE OF MARYLAND re 64
Administrative Record (Ferlo, Albert) (Entered: 06/07/2016)
06/08/2016 88 ERRATA by JOHN M. FITZGERALD, FRIENDS OF THE CAPITAL
CRESCENT TRAIL, CHRISTINE REAL DE AZUA 47 MOTION for
Summary Judgment filed by CHRISTINE REAL DE AZUA, FRIENDS OF
THE CAPITAL CRESCENT TRAIL, JOHN M. FITZGERALD. (Brown,
06/09/2016 89 NOTICE OF SUPPLEMENTAL AUTHORITY by DEPARTMENT OF THE
SERVICE (Attachments: # 1 Protect Our Communities Found. v. Jewell, No.
14-55666, --- F.3d ---, 2016 WL 3165630 (9th Cir. June 7, 2016))(McArdle,
Kevin) (Entered: 06/09/2016)
06/13/2016 90 NOTICE OF SUPPLEMENTAL AUTHORITY by JOHN M. FITZGERALD,
AZUA (Attachments: # 1 Case law)(Brown, David) (Entered: 06/13/2016)
06/14/2016 91 NOTICE of Appearance by Eric Robert Glitzenstein on behalf of JOHN M.
CHRISTINE REAL DE AZUA (Glitzenstein, Eric) (Main Document 91
replaced on 6/14/2016) (jf). (Entered: 06/14/2016)
06/15/2016 Minute Entry for Motions Hearing held before Judge Richard J. Leon on
6/15/16 : Plaintiffs' Motion for Summary Judgment 47 , Defendants' Cross-
Motion for Summary Judgment 54 and Intervenor-Defendant's Cross-Motion
for Summary Judgment 56 heard and argued. The Court will permit
supplemental briefing by the parties of 15 pages or less, limited to the
arguments raised during the hearing, to be filed within 2 weeks. (Court
Reporter: William Zaremba) (kk) (Entered: 06/16/2016)
06/29/2016 92 Supplemental MOTION for Summary Judgment by JOHN M. FITZGERALD,
AZUA (Attachments: # 1 Text of Proposed Order, # 2 Certificate of Service)
06/29/2016 93
SUPPLEMENTAL MEMORANDUM to re Motion Hearing, filed by STATE

OF MARYLAND. (Attachments: # 1 Exhibit Excerpt of Administrative
Record, # 2 Exhibit Letter, # 3 Exhibit Letter)(Strozyk DeVuono, Linda)
(Entered: 06/29/2016)
06/29/2016 94 SUPPLEMENTAL MEMORANDUM to re 54 Cross MOTION for Summary
Judgment filed by DEPARTMENT OF THE INTERIOR, DEPARTMENT OF
STATES FISH AND WILDLIFE SERVICE. (Attachments: # 1 Exhibit MTA's
Letter of July 30, 2014, # 2 Exhibit DOJ's Letter of September 25, 2015, # 3
Exhibit Plaintiffs' Letter of August 25, 2015)(Burgess, Tyler) (Entered:
06/29/2016)
07/05/2016 95 TRANSCRIPT OF MOTIONS HEARING PROCEEDINGS before Judge
Richard J. Leon held on June 15, 2016; Page Numbers: 1-81. Date of Issuance:
July 5, 2016. Court Reporter/Transcriber: William Zaremba; Telephone
number: (202) 354-3249. Transcripts may be ordered by submitting the
Transcript Order Form
For the first 90 days after this filing date, the transcript may be viewed at the
courthouse at a public terminal or purchased from the cou rt reporter referenced
above. After 90 days, the transcript may be accessed via PACER. Other
transcript formats, (multi-page, condensed, PDF or ASCII) may be purchased
from the court reporter.
NOTICE RE REDACTION OF TRANSCRIPTS: The parties have twenty-

one days to file with the court and the court reporter any request to redact
personal identifiers from this transcript. If no such requests are filed, the
transcript will be made available to the public via PACER without redaction
after 90 days. The policy, which includes the five personal identifiers
specifically covered, is located on our website at www.dcd.uscourts.gov.
Redaction Request due 7/26/2016. Redacted Transcript Deadline set for

8/5/2016. Release of Transcript Restriction set for 10/3/2016.(wz) (Entered:
07/05/2016)
08/03/2016 96 MEMORANDUM OPINION. Signed by Judge Richard J. Leon on
08/03/2016. (jth) (Entered: 08/03/2016)
08/03/2016 97 ORDER. For the reasons set forth in the Memorandum Opinion accompanying
this Order, it is hereby ORDERED that plaintiffs' 47 Motion for Summary
Judgment is GRANTED IN PART, and federal defendants' 54 and defendant-
intervenors' 56 cross-motions for summary judgment are DENIED IN PART;
and it is further ORDERED that the Record of Decision ("ROD") approving
the Purple Line is hereby VACATED AND REMANDED for the reasons set
forth in the accompanying Memorandum Opinion; and it is further ORDERED
that the defendant prepare a supplemental Environmental Impact Statement
("SEIS") as expeditiously as possible and in accordance with the
accompanying Memorandum Opinion. SO ORDERED. Signed by Judge
Richard J. Leon on 08/03/2016. (jth) (Entered: 08/03/2016)
08/22/2016
MINUTE ORDER: Upon consideration of Plaintiffs' Motion to Supplement the

Administrative Record 49 , and in light of the Court's 08/03/16 Order on
Motion for Summary Judgment, it is hereby ORDERED that the Motion is
DENIED without prejudice as moot. Signed by Judge Richard J. Leon on
08/22/16. (lcrjl1, ) (Entered: 08/22/2016)
08/23/2016 98 MOTION to Alter Judgment as to 96 Memorandum & Opinion, 97 Order on
Motion for Summary Judgment,,,,,,,,,,, by STATE OF MARYLAND
(Attachments: # 1 Memorandum in Support of Motion to Alter or Amend
Judgment, # 2 Exhibit 1 - Declaration of Gregory P. Benz, # 3 Exhibit 2-
Declaration of Charles Lattuca, # 4 Exhibit 3 - unpublished decision, # 5 Text
of Proposed Order)(Strozyk DeVuono, Linda) (Entered: 08/23/2016)
08/23/2016 99 MOTION to Alter Judgment by DEPARTMENT OF THE INTERIOR,
ADMINISTRATION, UNITED STATES FISH AND WILDLIFE SERVICE
(Attachments: # 1 Memorandum in Support, # 2 Exhibit Declaration of Lucy
Garliauskas, # 3 Text of Proposed Order)(Burgess, Tyler) (Entered:
08/23/2016)
09/09/2016 100 Memorandum in opposition to re 98 MOTION to Alter Judgment as to 96
Memorandum & Opinion, 97 Order on Motion for Summary Judgment,,,,,,,,,,, ,
99 MOTION to Alter Judgment filed by JOHN M. FITZGERALD, FRIENDS
OF THE CAPITAL CRESCENT TRAIL, CHRISTINE REAL DE AZUA.
(Attachments: # 1 Exhibit Exhibit A - Decl. of F. Lysy, # 2 Exhibit Exhibit B -
Decl. of M. Saggese, # 3 Exhibit Exhibit C - Decl. of W. Allen, Jr., # 4 Exhibit
Exhibit D - Decl. of C. Real de Azua, # 5 Text of Proposed Order Proposed
Order, # 6 Certificate of Service Certificate of Service)(Brown, David)
(Entered: 09/09/2016)
09/10/2016 101 MEMORANDUM re 100 Memorandum in Opposition,, filed by CHRISTINE
REAL DE AZUA, FRIENDS OF THE CAPITAL CRESCENT TRAIL, JOHN
M. FITZGERALD by JOHN M. FITZGERALD, FRIENDS OF THE
09/19/2016 102 MOTION for Leave to File Amicus Brief by PRINCE GEORGE'S COUNTY,
MARYLAND (Attachments: # 1 Exhibit A)(Snoddy, William) (Entered:
09/19/2016)
09/19/2016 103 MOTION for Leave to File Amicus Brief by MONTGOMERY COUNTY,
MARYLAND (Attachments: # 1 Exhibit Montgomery County's Amicus Brief
and Supporting Declarations A-C, # 2 Text of Proposed Order)(Markovs, John)
(Entered: 09/19/2016)
09/19/2016 104 REPLY to opposition to motion re 99 MOTION to Alter Judgment filed by
STATES FISH AND WILDLIFE SERVICE. (Attachments: # 1 Declaration
Second Declaration of Lucy Garliauskas)(Burgess, Tyler) (Entered:
09/19/2016)
09/19/2016 105 REPLY to opposition to motion re 98 MOTION to Alter Judgment as to 96

Memorandum & Opinion, 97 Order on Motion for Summary Judgment,,,,,,,,,,,
filed by STATE OF MARYLAND. (Attachments: # 1 Exhibit Order re Further
Proceedings)(Strozyk DeVuono, Linda) (Entered: 09/19/2016)
09/20/2016 106 NOTICE of Proposed Order by PRINCE GEORGE'S COUNTY,
MARYLAND re 102 MOTION for Leave to File Amicus Brief (Snoddy,
William) (Entered: 09/20/2016)
09/20/2016 107 ERRATA by DEPARTMENT OF THE INTERIOR, DEPARTMENT OF
STATES FISH AND WILDLIFE SERVICE 104 Reply to opposition to
Motion, filed by DEPARTMENT OF TRANSPORTATION, UNITED
STATES FISH AND WILDLIFE SERVICE, DEPARTMENT OF THE
INTERIOR, FEDERAL TRANSIT ADMINISTRATION. (Burgess, Tyler)
(Entered: 09/20/2016)
09/21/2016 108 Memorandum in opposition to re 103 MOTION for Leave to File Amicus Brief,
102 MOTION for Leave to File Amicus Brief filed by JOHN M.
CHRISTINE REAL DE AZUA. (Attachments: # 1 Text of Proposed Order
Order Denying Motions, # 2 Text of Proposed Order Order Granting 21 day
response, # 3 Certificate of Service Certificate of Service)(Brown, David)
(Entered: 09/21/2016)
11/22/2016 MINUTE ORDER: Upon due consideration of Prince George's County's
Motion for Leave to File an Amicus Brief 102 and Montgomery County's
Motion for Leave to File an Amicus Brief 103 , it is hereby ORDERED that the
Motions are GRANTED and that the proposed amicus curiae briefs are deemed
filed. Signed by Judge Richard J. Leon on 11/22/16. (lcrjl1) (Entered:
11/22/2016)
11/22/2016 109 MEMORANDUM OPINION Signed by Judge Richard J. Leon on 11/22/16.
(tb) Modified on 11/22/2016 to delete order; will be docketed separately.(ztnr)
(Entered: 11/22/2016)
11/22/2016 110 ORDER: It is hereby ordered that motions 98 MOTION to Alter Judgment as
to 96 Memorandum & Opinion, 97 Order on Motion for Summary Judgment
filed by STATE OF MARYLAND and 99 MOTION to Alter Judgment filed
by DEPARTMENT OF TRANSPORTATION, UNITED STATES FISH AND
WILDLIFE SERVICE, DEPARTMENT OF THE INTERIOR, FEDERAL
TRANSIT ADMINISTRATION are GRANTED IN PART AND DENIED IN
PART. SEE ORDER FOR DETAILS. Signed by Judge Richard J. Leon on
11/22/16. (tb) (Entered: 11/22/2016)
11/22/2016 111 AMICUS BRIEF by PRINCE GEORGE'S COUNTY, MARYLAND. (jf)
(Entered: 11/23/2016)
11/22/2016 112 AMICUS BRIEF by MONTGOMERY COUNTY, MARYLAND. (jf)
(Entered: 11/23/2016)
12/16/2016 113 NOTICE by DEPARTMENT OF THE INTERIOR, DEPARTMENT OF
STATES FISH AND WILDLIFE SERVICE (Attachments: # 1 Exhibit

Memorandum dated December 13, 2016)(Burgess, Tyler) (Entered:
12/16/2016)
12/16/2016 114 ADMINISTRATIVE RECORD (AR6) by DEPARTMENT OF THE
SERVICE. (Attachments: # 1 Exhibit Sixth Declaration of Terry Garcia Crews,
# 2 Exhibit Certified list of the contents of FTA's Administrative Record
(AR6))(Burgess, Tyler) (Entered: 12/16/2016)
12/16/2016 115 Cross MOTION for Summary Judgment (Renewed) by DEPARTMENT OF
SERVICE (Attachments: # 1 Memorandum in Support, # 2 Text of Proposed
Order)(Burgess, Tyler) (Entered: 12/16/2016)
12/16/2016 116 Cross MOTION for Summary Judgment (Renewed) by STATE OF
MARYLAND (Attachments: # 1 Memorandum in Support, # 2 Affidavit
Second Declaration of Charles E Lattuca, # 3 Text of Proposed Order)(Strozyk
DeVuono, Linda) (Entered: 12/16/2016)
12/22/2016 117 Consent MOTION for Extension of Time to File Responses to
Defendants/Intervenors' Renewed Cross Motions for Summary Judgment by
TRAIL, CHRISTINE REAL DE AZUA (Attachments: # 1 Text of Proposed
Order)(Brown, David) (Entered: 12/22/2016)
12/22/2016 118 NOTICE of Corrected Version by JOHN M. FITZGERALD, FRIENDS OF
THE CAPITAL CRESCENT TRAIL, CHRISTINE REAL DE AZUA re 117
Consent MOTION for Extension of Time to File Responses to
Defendants/Intervenors' Renewed Cross Motions for Summary Judgment
12/22/2016 MINUTE ORDER: Upon consideration of plaintiffs' Consent Motion for
Extension of Time 117 , it is hereby ORDERED that the plaintiffs' Motion is
GRANTED and their responses to defendants' and defendant-intervenor's
cross-motions for summary judgment are due on 01/05/07. It is further
ORDERED that federal defendants' and defendant-intervenor's replies are due
on 01/13/17. Signed by Judge Richard J. Leon on 12/22/16. (lcrjl1) (Entered:
12/22/2016)
12/23/2016 Set/Reset Deadlines: Response to Cross Motion due by 1/5/2017. Reply to
Cross Motions due by 1/13/2017. (tb) Modified to reflect that replies are due
on 1/13/2017 not 1/31/2017. (jth). Modified on 1/4/2017 (jth). (Entered:
12/23/2016)
01/05/2017 119 RESPONSE re 115 Cross MOTION for Summary Judgment (Renewed), 116
Cross MOTION for Summary Judgment (Renewed) filed by JOHN M.
CHRISTINE REAL DE AZUA. (Attachments: # 1 Declaration 2nd
Declaration of Lysy)(Brown, David) (Entered: 01/05/2017)
01/12/2017 120 REPLY to opposition to motion re 116 Cross MOTION for Summary
Judgment (Renewed) filed by STATE OF MARYLAND. (Strozyk DeVuono,
Linda) (Entered: 01/12/2017)
01/13/2017 121 REPLY to opposition to motion re 115 Cross MOTION for Summary
Judgment (Renewed) filed by DEPARTMENT OF THE INTERIOR,
ADMINISTRATION, UNITED STATES FISH AND WILDLIFE SERVICE.
01/17/2017 122 NOTICE of Appearance by Gessesse Teferi on behalf of PRINCE GEORGE'S
COUNTY, MARYLAND (Teferi, Gessesse) (Entered: 01/17/2017)
01/17/2017 123 NOTICE OF WITHDRAWAL OF APPEARANCE as to PRINCE GEORGE'S
COUNTY, MARYLAND. Attorney William Antoine Snoddy terminated.
(Teferi, Gessesse) (Entered: 01/17/2017)
01/17/2017 124 MOTION for Leave to File A SHORT REPLY IN SUPPORT OF THEIR
OPPOSITION TO FEDERAL DEFENDANTS' RENEWED MOTION FOR
SUMMARY JUDGMENT by JOHN M. FITZGERALD, FRIENDS OF THE
CAPITAL CRESCENT TRAIL, CHRISTINE REAL DE AZUA (Attachments:
# 1 Certificate of Service, # 2 Text of Proposed Order)(Brown, David)
(Entered: 01/17/2017)
01/18/2017 125 RESPONSE re 124 MOTION for Leave to File A SHORT REPLY IN
SUPPORT OF THEIR OPPOSITION TO FEDERAL DEFENDANTS'
RENEWED MOTION FOR SUMMARY JUDGMENT filed by DEPARTMENT
OF THE INTERIOR, DEPARTMENT OF TRANSPORTATION, FEDERAL
SERVICE. (Burgess, Tyler) (Entered: 01/18/2017)
01/18/2017 126 RESPONSE re 124 MOTION for Leave to File A SHORT REPLY IN
SUPPORT OF THEIR OPPOSITION TO FEDERAL DEFENDANTS'
RENEWED MOTION FOR SUMMARY JUDGMENT filed by STATE OF
MARYLAND. (Strozyk DeVuono, Linda) (Entered: 01/18/2017)
01/25/2017 MINUTE ORDER: Upon consideration of plaintiffs' Motion for Leave to File
Surreply 124 , it is hereby ORDERED that the Motion is DENIED. Signed by
Judge Richard J. Leon on 01/25/17. (lcrjl1) (Entered: 01/25/2017)
01/26/2017 127 JOINT APPENDIX Part I by DEPARTMENT OF THE INTERIOR,
01/26/2017 128 JOINT APPENDIX Part II by DEPARTMENT OF THE INTERIOR,
01/29/2017 129 JOINT APPENDIX Index by DEPARTMENT OF THE INTERIOR,

02/21/2017 130 MOTION for Attorney Fees and Costs by JOHN M. FITZGERALD,
AZUA (Brown, David) (Entered: 02/21/2017)
02/21/2017 131 Unopposed MOTION to Hold in Abeyance re 130 MOTION for Attorney Fees
and Costs by JOHN M. FITZGERALD, FRIENDS OF THE CAPITAL
CRESCENT TRAIL, CHRISTINE REAL DE AZUA (Brown, David)
(Entered: 02/21/2017)
02/24/2017 132 NOTICE OF SUBSTITUTION OF COUNSEL by Gessesse Teferi on behalf of
PRINCE GEORGE'S COUNTY, MARYLAND Substituting for attorney
William A. Snoddy (Teferi, Gessesse) (Entered: 02/24/2017)
03/31/2017 133 MOTION to Expedite Ruling on Pending Summary Judgment Motions by
STATE OF MARYLAND (Attachments: # 1 Memorandum in Support, # 2
Text of Proposed Order)(Strozyk DeVuono, Linda) (Entered: 03/31/2017)
04/05/2017 134 RESPONSE re 133 MOTION to Expedite Ruling on Pending Summary
Judgment Motions filed by JOHN M. FITZGERALD, FRIENDS OF THE
04/10/2017 135 REPLY to opposition to motion re 133 MOTION to Expedite Ruling on
Pending Summary Judgment Motions filed by STATE OF MARYLAND.
(Strozyk DeVuono, Linda) (Entered: 04/10/2017)
04/13/2017 136 RESPONSE re 133 MOTION to Expedite Ruling on Pending Summary
Judgment Motions filed by DEPARTMENT OF THE INTERIOR,
05/01/2017 137 TRANSCRIPT OF STATUS CONFERENCE HEARING PROCEEDINGS
before Judge Richard J. Leon held on July 15, 2015; Page Numbers: 1-26. Date
of Issuance: May 1, 2017. Court Reporter/Transcriber: William Zaremba;
Telephone number: (202) 354-3249. Transcripts may be ordered by submitting
the Transcript Order Form
For the first 90 days after this filing date, the transcript may be viewed at the
courthouse at a public terminal or purchased fro m the court reporter referenced
above. After 90 days, the transcript may be accessed via PACER. Other
transcript formats, (multi-page, condensed, PDF or ASCII) may be purchased
from the court reporter.
NOTICE RE REDACTION OF TRANSCRIPTS: The parties have twenty-

one days to file with the court and the court reporter any request to redact
personal identifiers from this transcript. If no such requests are filed, the
transcript will be made available to the public via PACER without redaction
after 90 days. The policy, which includes the five personal identifiers
specifically covered, is located on our website at www.dcd.uscourts.gov.
Redaction Request due 5/22/2017. Redacted Transcript Deadline set for

6/1/2017. Release of Transcript Restriction set for 7/30/2017.(wz) (Entered:
05/01/2017)
05/22/2017 138 MEMORANDUM OPINION. Signed by Judge Richard J. Leon on 05/22/17.
(tb) (Entered: 05/22/2017)
05/22/2017 139 ORDER: For reasons set forth in the accompanying Memorandum Opinion, it
is hereby ordered that plaintiff's 47 Motion for Summary Judgment is
GRANTED IN PART, and defendants' and defendant-intervenor Maryland's
Renewed Cross-Motions for Summary Judgment 115 and 116 are DENIED IN
PART; and it is further ordered that defendants prepare a supplemental
Environmental Impact States (SEIS) as expeditiously as possible. Signed by
Judge Richard J. Leon on 05/22/17. (tb) (Entered: 05/22/2017)
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Plaintiffs - Purple Line Mandamus Response As Filed

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USCA Case #17-5104 Document #1676371 Filed: 05/23/2017 Page 1 of 49

IN THE UNITED STATES COURT OF APPEALS

PLAINTIFFS-RESPONDENTS OPPOSITION TO STATE OF

whether the defendant Federal Transit Administration (FTA) must prepare a

Supplemental Environmental Impact Statement (SEIS) pursuant to the

requirements of the National Environmental Policy Act (NEPA), 42 U.S.C.

4321-4376 and implementing regulations. The court again granted Plaintiffs

the FTA arbitrarily disregarded Plaintiffs expert submission to the agency in

contravention of this Courts precedents. See Ex. A at 9-11.

The courts ruling renders Marylands mandamus petition moot. It resolves

as expeditiously as possible, ECF No. 139; explains why Marylands demand

petition should be denied as moot.1

Rejection of the petition on mootness grounds is particularly appropriate in

view of the extreme nature of the remedy sought by Maryland. Mandamus is a

hardly ever granted).

Soon after the extensive administrative record was filed consisting of

approximately one quarter of a million pages, see Pet. Ex. B at 15 the

case on cross-motions for summary judgment. ECF Nos. 29, 30.

issued a Minute Order scheduling a hearing on the cross-motions for

summary judgment. See 5/25/16 Minute Order.

The summary judgment hearing was held on the cross-motions on June

Crescent Trail v. Fed. Transit Admin., 200 F. Supp. 2d 248 (D.D.C.

Although FTA and Maryland could have responded to that ruling by

Federal Defendants could have immediately appealed, as Maryland

reconsideration. ECF Nos. 98, 99.

after briefing on them was completed, granting (over Plaintiffs

opposition) FTAs and Marylands request that FTA be afforded another

opportunity to consider the necessity for an SEIS regarding the impact of

the unprecedented Metrorail problems on the justification for the Purple

Line. ECF No. 110.

the conclusion of renewed summary judgment motions a ruling that

necessary last August.

indisputable right to mandamus relief, Fokker Services, 818 F.3d at 747, is

nonsensical, especially in view of this Courts established case law on

unreasonable delay. In Telecommunications Research & Action Center v. Federal

to issuance of the writ).

remotely one from which defendants have an indisputable right to relief. In Re

Cheney, 544 F.3d 311, 313 (D.C. Cir. 2008).2

at 21 (observation by district court at status hearing that [t]his lawsuit is no

cross-motions for summary judgment).

well-established that a litigant cannot be heard to complain about damage

self-inflicted.) (citation omitted). If, as these precedents reflect, a party cannot

rely on self-inflicted injury even in the context of garden-variety equitable relief,

then Maryland certainly may not do so in seeking the extraordinary remedy of

Finally, Marylands assertion of injury, in addition to being self-inflicted,

SEIS will be on whether previously rejected alternatives (such as improved bus

Metrorail users, the significant decline in such ridership makes it necessary to

reassess less expensive and environmentally damaging alternatives).

At bottom, Marylands petition amounts to no more than a partys

due to the summary judgment ruling issued yesterday.

Counsel for Plaintiffs-Respondents

Dated: May 23, 2017

typeface using Word in 14-point Times New Roman Style.

/s/ Eric R. Glitzenstein

CIRCUIT RULE 26.1 DISCLOSURE STATEMENT

Plaintiffs-respondents are a non-profit conservation organization, the Friends

Real de Azua. Consequently, none of the disclosure required by Rule 26.1 is

/s/ Eric R. Glitzenstein

system, and also on counsel for Maryland Transit Administration through

electronic mail: Linda E. Strozyk (DeVuono), ldevuono@sha.state.md.us; Albert

USCA Case #17-5104 Document #1676371 Filed: 05/23/2017 Page 26 of 49

U.S. District Court