Case 3:12-cv-01181 Document 1 Filed 07/02/12 Page 1 of 39 Page ID#: 1 TANYA M. SANERIB (OSB No. 025526)
[email protected] CHRISTOPHER WINTER (OSB No. 984355)
[email protected] Crag Law Center 917 SW Oak Street, Suite 417 Portland, OR 97205 (503) 525.2722 (Sanerib) (503) 525.2725 (Winter) (503) 296.5454 (Fax) Lead Counsel JONATHAN OSTAR (OSB No. 03416)
[email protected] Organizing People-Activating Leaders (OPAL) 2407 SE 49th Ave Portland OR 97206 (503) 407.9145 Attorneys for Plaintiffs IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF OREGON PORTLAND DIVISION HAYDEN ISLAND LIVABILITY Case No. 3: __________ PROJECT, HERMAN KACHOLD, DONNA MURPHY, HAYDEN ISLAND MANUFACTURED HOME COMPLAINT FOR DECLARATORY COMMUNITY HOMEOWNERS AND INJUNCTIVE RELIEF ASSOCIATION, PAMELA FERGUSON, and ORGANIZING PEOPLE- (Violations of the National Environmental ACTIVATING LEADERS, Policy Act, Administrative Procedure Act and Clean Air Act consistency requirements) Plaintiffs, v. COMPLAINT FOR DECLARATORY AND INJUNCTIVE RELIEF - Page 1 of 39 Case 3:12-cv-01181 Document 1 Filed 07/02/12 Page 2 of 39 Page ID#: 2 PHILLIP DITZLER, in his official capacity as Federal Highway Administration Oregon Division Administrator, DANIEL M. MATHIS, in his capacity as Federal Highway Administration Washington Division Administrator; the FEDERAL HIGHWAY ADMINISTRATION, an administrative agency of the United States Department of Transportation; RICHARD F. KROCHALIS, in his official capacity as Federal Transit Administration Regional Administrator of Region 10, and the FEDERAL TRANSIT ADMINISTRATION, an administrative agency of the United States Department of Transportation, Defendants. INTRODUCTION 1. This action filed pursuant to the Administrative Procedure Act (APA), 5 U.S.C.