NATIONAL TRUST FOR HISTORIC PRESERVATION IN THE UNITED STATES et al v. FEDERAL HIGHWAY ADMINISTRATION et al

Filing 226

MEMORANDUM OPINION AND ORDER by Judge John G. Heyburn, II on 6/28/2013. 184 Motion to Amend/Correct Complaint and 197 Second Motion to Amend/Correct Complaint are SUSTAINED. The Court does not find additional briefing on these additional claims necessary. cc:counsel (TLB)

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UNITED STATES DISTRICT COURT
WESTERN DISTRICT OF KENTUCKY
AT LOUISVILLE
CIVIL ACTION NO. 3:10-CV-7-H

COALITION FOR THE ADVANCEMENT OF
REGIONAL TRANSPORTATION

PLAINTIFF

V.

FEDERAL HIGHWAY ADMINISTRATION, et al.

DEFENDANTS

MEMORANDUM OPINION AND ORDER

Plaintiff, Coalition for the Advancement of Regional Transportation ("CART"), moved
the Court for leave to amend its complaint in two separate motions, asking the Court to allow it
to introduce five new claims to its Complaint, which already contains fifteen claims. Defendants
oppose both motions on grounds that the new claims simply restate CART' s challenges to
Defendants' compliance with the Clean Air Act, the Clean Water Act and the National
Environmental Policy Act; repeat CART's support for public transportation initiatives; and
reiterate CART's overall opposition to the Project at issue and the implementation of tolling
facilities on the proposed new bridges.

Therefore, Defendants maintain these claims are

unnecessary as duplicative.
The Court finds Defendants' arguments compelling; some of CART's new claims seem
to overlap to some degree with claims already alleged in CART's original complaint. However,
that very fact suggests that the introduction of the five claims will minimally prejudice
Defendants as they implicitly concede that in defending the original claims, they would also need
to substantially address the new allegations.

Moreover, in Defendants' response to CART's

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motions to amend and opposition briefs to other motions presently before the Court, Defendants
address the substance of the new claims.
Federal Rule of Civil Procedure 15 permits parties to amend their pleadings with the
Court's leave, and "[t]he court should freely give leave when justice so requires." FED. R. CIV. P.
15(a)(2). After reviewing CART's proposed amended complaints, and despite the late filing of
these motions, the Court finds that the new claims may in fact present allegations sufficient to
support distinct claims. Accordingly, justice counsels the Court to permit CART to amend its
complaint and add these additional five claims.
Being otherwise sufficiently advised,
IT IS HEREBY ORDERED that Plaintiff Coalition for the Advancement of Regional
Transportation's Motion to Amend/Correct Complaint (ECF No. 184) and Second Motion to
Amend/Correct Complaint (ECF No. 197) are SUSTAINED. The Court does not find additional
briefing on these additional claims necessary.

rr:

This ? fJ day of June, 2013.

JUDGE, U.S. DISTRICT COURT
cc:

Counsel of Record

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