Too expensive, too little traffic to justify it. The EIS done in 1981 was outdated. An entirely new corridor was chosen. It is true that defendants had five years to survey and analyze these impacts, and they simply failed to do it. It's a problem of their own making.
Defendants read the regulations differently.
The alignment around the two battlefields hasn't been decided. Nor has there been a decision on where to begin the project. The law contemplated smaller projects. It makes the process unmanageable. No, but the facts of this case are unique.