Tahoe Tavern Property Owners Ass'n v. United States Forest Service
Tahoe Tavern Property Owners Ass'n v. United States Forest Service
Opinion of the Court
MEMORANDUM
Tahoe Tavern Property Owners Association and Tavern Shores Owners Association (collectively “Associations”), two nonprofit organizations composed of homeowners, appeal from the district court’s grant of summary judgment in favor of the United States Forest Service and the County of Placer, California. The Associations had filed their action for the purpose of challenging a decision by the Forest Service and Placer County to build a “transit center” on a site commonly known as the “64 Acres” in Tahoe City, California. We affirm.
(1) The Associations argue that the Federal Transportation Administration (“FTA”) and the Forest Service acted arbitrarily and capriciously
(2) The Associations then assert that the Forest Service violated the National Environmental Policy Act’s (“NEPA”) requirement that adverse impacts from a project must be considered,
(3) The Associations finally assert that Placer County, for its part, violated the California Environmental Quality Act
AFFIRMED.
This disposition is not appropriate for publication and is not precedent except as provided by 9th Cir. R. 36-3.
. See 5 U.S.C. §§ 701-706; Motor Vehicle Mfrs. Ass’n v. State Fann Mut. Auto. Ins. Co., 463 U.S. 29, 43, 103 S.Ct. 2856, 2866-67, 77 L.Ed.2d 443, 458 (1983); Citizens to Preserve Overton Park, Inc. v. Volpe, 401 U.S. 402, 415-16, 91 S.Ct. 814, 823-24, 28 L.Ed.2d 136, 153 (1971); Stop H-3 Ass’n v. Dole, 740 F.2d 1442, 1449-50 (9th Cir. 1984).
. 49 U.S.C. § 303 (hereafter "Section 4(f)”).
. The FTA also determined that the temporary use exception applied. See 23 C.F.R. § 774.11(h) (2008). However, the district court did not analyze that exception, nor in light of our determination regarding the joint planning exception, do we.
. 42 U.S.C. § 4332(2)(C)(i), (ii).
. See 40 C.F.R. § 1508.27(b)(10) (covering threatened violations of federal, state or local law).
. No special number of alternatives need be considered. See Laguna Greenbelt, Inc. v. U.S. Dept. of Trans., 42 F.3d 517, 523-24 (9th Cir. 1994); see also Nw. Envtl. Def. Ctr. v. Bonneville Power Admin., 117 F.3d 1520, 1538 (9th Cir. 1997) (only two alternatives discussed).
. See Cal. Pub. Res.Code §§ 21000-21006.
. In their reply brief, the Associations appear to expand their attack to a claim that, Section 4(f) considerations aside, Placer County improperly relied on cost considerations in its discussion of alternatives under CEQA. The failure to raise that issue in the district court or in their opening brief here waives it. See Smith v. Marsh, 194 F.3d 1045, 1052 (9th Cir. 1999) (waiver by not raising issue in opening brief); Crawford v. Lungren, 96 F.3d 380, 389 n. 6 (9th Cir. 1996) (waiver by not raising issue at district court). We will not consider the issue.
Case-law data current through December 31, 2025. Source: CourtListener bulk data.