Full opinion text
MEMORANDUM OPINION ALEXANDER WILLIAMS, JR., District Judge. Presently before this Court are cross-motions for summary judgment. Plaintiffs Audubon Naturalist Society of the Central Atlantic States, Inc. (“Audubon”), Maryland Native Plant Society, Inc., Roger Metcalf, and Eve Burton (collectively “Audubon Plaintiffs” or “Plaintiffs”*) filed a Motion for Summary Judgment (Doc. No. 28) on June 8, 2007. Plaintiffs Environmental Defense and Sierra Club, Inc. (collectively “Environmental Defense Plaintiffs” or “Plaintiffs”) filed a Motion for Partial Summary Judgment on Part I of the Complaint (Doc. No. 37) on July 2, 2007. Defendants United States Department of Transportation (“USDOT”); Mary E. Peters, Secretary of Transportation; Federal Highway Administration (“FHWA”); J. Richard Capka, Administrator of FHWA; Nelson Castellanos, Division Administrator of FHWA, Maryland Division; United States Army Corps of Engineers (“USACE”); Col. Peter W. Mueller, Commander and District Engineer of USACE, Baltimore District; and Janet M. Vine, Chief, Regulatory Branch of USACE, Baltimore District (collectively “FHWA” or “Defendants”) filed a Cross-Motion for Summary Judgment and Opposition to the Audubon Plaintiffs’ Motion for Summary Judgment and the Environmental Defense Plaintiffs’ Partial Motion for Summary Judgment (Doc. No. 43) on August 17, 2007. Intervenor-Defendant, State of Maryland, also filed a Cross-Motion for Summary Judgment, Cross-Motion for Partial Summary Judgment, and Opposition to Plaintiffs’ Motion for Summary Judgment and Motion for Partial Summary Judgment (Doc. No. 44) on August 17, 2007. On October 1, 2007, the Court conducted a hearing regarding the above Motions. See Local Rule 105.6 (D.Md.2004). Also before the Court is Environmental Defense Plaintiffs’ Motion for Summary Judgment on Part II of the Complaint (Doc. No. 42), filed on August 17, 2007. On September 14, 2007, both the Federal Defendants and the Intervenor-Defen-dant, State of Maryland, filed a Cross-Motion for Summary Judgment on Part II of the Environmental Defense Plaintiffs’ Complaint (Doc. Nos. 49 and 50). The Environmental Defense Plaintiffs filed its response to Defendants’ cross motion on October 1, 2007. The Court conducted a hearing on these motions on October 29, 2007. See Local Rule 105.6 (D.Md.2004). The Court also allowed supplemental briefing with respect to the Environmental Defense Plaintiffs’ Motion to Supplement Complaint (Doc. No. 61). Therefore, also before the Court are the Environmental Defense Plaintiffs’ Motion for Summary Judgment on Counts 39 and 41 (Doc. No. 73) and the Federal Defendants’ and In-tervenor-Defendant State of Maryland’s Joint Cross-Motion for Summary Judgment on Plaintiffs’ Supplemental Claims (Doc. No. 76). No hearing was deemed necessary on these supplemental motions. See id. The Court has also reviewed the amicus brief filed by the Prince George’s County Elected Officials and has also taken into consideration their arguments advanced during the hearing on October 1, 2007. I. BACKGROUND The Audubon Plaintiffs commenced this action for injunctive and declaratory relief on December 20, 2006, pursuant to the National Environmental Policy Act, 42 U.S.C. §§ 4321 et seq. (“NEPA”) and its regulations; the Department of Transportation Act of 1966, 49 U.S.C. § 303 (“Section 4(f)”); the Administrative Procedure Act, 5 U.S.C. §§ 551 et seq. (“APA”); and the Clean Water Act, 33 U.S.C. § 1344 (“CWA”). The Audubon Plaintiffs seek injunctive and declaratory relief relating to FHWA’s approval of a proposed highway project, the Intercounty Connector (“ICC”), which connects 1-95/US 1 in Prince George’s County, Maryland and I-270 in Montgomery County, Maryland. Plaintiffs claim that in reaching the decision to approve the ICC, Defendants did not adequately discharge various statutory duties. Plaintiffs Environmental Defense and Sierra Club, Inc. also challenge the ICC project and seek both injunctive and declaratory relief. They commenced their action in the United States District Court for the District of Columbia on June 5, 2007, pursuant to the Safe, Accountable, Flexible, Efficient Transportation Equity Act: A Legacy for Users, 23 U.S.C. § 134 (“SAFETEALU”); the Federal-Aid Highways Act, 23 U.S.C. § 109 (“FAHA”); the National Environmental Policy Act, 42 U.S.C. §§ 4321-70(0 (“NEPA”), the Administrative Procedures Act, 5 U.S.C. §§ 701-06 (“APA”); and the Clean Air Act, 42 U.S.C. § 7604 (“CAA”). The Environmental Defense Plaintiffs’ case was transferred to this Court on June 5, 2007. The two related cases — Audubon Naturalist Soc’y of the Cent. Atl. States, Inc., et al. v. U.S. Dep’t of Transp, et al. (06-cv3386) and Envtl. Def., et al. v. U.S. Dep’t of Transp. et al (07-cv-1480)—have been consolidated. A.Brief Overview of the Inter-County Connector Over half a century ago, an east-west highway across the middle of Montgomery County and into western Prince George’s County was proposed as part of a larger Outer Beltway around Washington, D.C. FHWA 182676 (Administrative Record). Although the concept of an Outer Beltway was dropped, the plan to build this east-west highway remained and has now developed into the project currently in dispute, the Inter-County Connector (“ICC”). Id. The ICC, which will be designated as Maryland Route 200, is a controlled access highway with eight interchanges, extending approximately eighteen (18) miles from I-370/I-270 near the Shady Grove Metro-rail Station in Montgomery County to I-95/US 1 in Prince George’s County. FHWA 182680. Approximately sixteen of the eighteen miles are located in Montgomery County and approximately two miles are in Prince George’s County. Id. The ICC was proposed in response to the need for increased mobility and transportation safety in the study area serviced by the ICC project, and is predicted to provide a high-speed, free-flow transportation option to up to 300,000 people per day. FHWA 183090. The ICC has been an integral part of the comprehensive plans for Montgomery and Prince George’s Counties for decades. See FHWA 141888. It will achieve mobility, safety, and “smart growth” objectives, and is one of the many elements of the land use and transportation plans for the Counties, the State, and the region. See FHWA 141891. This transportation project is intended to increase community mobility and safety; to facilitate the movement of goods and people to and from economic centers; to provide a cost-effective transportation infrastructure to serve existing and future development patterns reflecting local land use planning objectives; to help restore the natural, human, and cultural environments from past development impacts in the project area; and to advance homeland security. FHWA 141941. B. History of the ICC Study Area Beginning in 1953, the concept of the ICC was incorporated into the seminal 1964 General Plan for the Maryland-Washington Regional District, entitled “On Wedges and Corridors.” FHWA 141888. In 1968, both Montgomery County and Prince George’s County rejected the outer beltway concept. Id. Nevertheless, in 1972, Montgomery County approved the proposed ICC alignment between 1-270 in Montgomery County and 1-95 in Prince George’s County. Id. The ICC was dropped from Prince George’s County Master Plans with the adoption of the 1982 Prince George’s County General Plan, but was reintroduced in Prince George’s County in 1990 with the Subregion I Plan. FHWA 141888. C. Past Project Planning Studies There has been extensive public debate over the ICC, which is best reflected by the fact that the project has been the subject of three separate Federal NEPA studies, only the current of which resulted in the completion of the process to a Final Environmental Impact Statement (“FEIS”) and a Record of Decision (“ROD”). FHWA 182676. Prior to the current study, the FHWA and the Maryland State Highway Administration (“SHA”) published Draft Environmental Impact Statements (“DEIS”) and conducted public hearings in 1988 and again in 1997. FHWA 182677. The first NEPA analysis of an ICC commenced in 1979, and a DEIS was published on July 8, 1988. AR 141889. The second attempt at an ICC study commenced in 1991, and a DEIS was published on March 3, 1997. Id. Neither study proceeded beyond the preliminary stage. Both times, the studies were abandoned due to concerns expressed by the reviewing agencies over potential environmental concerns and political controversy regarding the location of the highway. FHWA 141889, 182677. In 1998, as a result of the failed attempts to construct the ICC, then-Governor Parris Glendening appointed the Transportation Solutions Group (“TSG”), a panel of national and local experts on transportation and land use, to investigate mobility and smart growth issues for the bicounty region and develop solutions for multi-modal transportation approaches. FHWA 141889. Among those recommended solutions was a demonstrated need for a new, east-west, value-priced (i.e., tolled), limited access highway connecting Montgomery and Prince George’s Counties. FHWA 141890. D. The Development of the Current ICC Study In September 2002, President George W. Bush issued Executive Order (“EO”) 13274, which included the formation of a task force to monitor the progress of selected priority projects and to examine policy issues that promote efficient inter-agency coordination and improved environmental decision making. FHWA 182667. In 2003, then-Governor Robert Ehrlich decided to resurrect the proposed ICC, naming it his “number one transportation priority.” FHWA 078193. The ICC was later selected by the United States Department of Transportation (“USDOT”) Secretary Norman Mineta as one of the first nationwide proposals to be monitored by the task force. Id. After repeatedly being rejected by the agencies in their previous attempts to build the ICC, Defendants went back to the drawing board to consider the concerns expressed by the agencies. On June 11, 2003, Defendants commenced the current NEPA study. Pursuant to the Executive Order, the current study focused on early and continuous coordination with twenty-one (21) pertinent Federal, State and local transportation, environmental, and planning agencies. FHWA 182678. The Lead Agencies on the ICC study commenced the NEPA process in 2003 with public hearings attended by some 800 citizens, followed later by public workshops attended by some 1,200 citizens, followed in 2005 by four public hearings in Montgomery and Prince George’s Counties attended by 1,881 people, with more than 700 providing testimony or written comments. FHWA 182751-52. Over 3,800 comment letters were submitted after the publication of the DEIS, and 785 letters were submitted following the publication of the FEIS, including comments from state and federal agencies and local jurisdictions as well as extensive comments submitted by Plaintiffs in this case. FHWA 182752. The scoping meetings and workshops dealt primarily with the draft “Purpose and Need” statement and the alternatives proposed to be studied. Through the process, eighteen (18) potential alternatives were identified. FEIS S-19 (FHWA141903). The State also operated an interactive Website, which provided the public with ICC Study information throughout the project development phase. FHWA 142948. The agencies answered every substantive comment submitted. See Record of Responses to Public Comments (“RTC”). The three volumes of the FEIS, as well as the two volumes of the Record of Decision (“ROD”), demonstrate a thorough, transparent review by the federal, State, and local agencies of the project’s issues, impacts and alternatives, and thoughtful consideration and response given to a vast amount of public comment. This seemingly open and deliberative process culminated in the 2006 Final Environmental Impact Statement (“FEIS”) and the Record of Decision (“ROD”). The United States Department of Transportation and the Federal Highway Administration (“FHWA”) signed the ROD on May 30, 2006, selecting Corridor 1 as the route for the Intercounty Connector (“ICC”) project. Plaintiffs argue that Defendants’ approval of the ICC project is inadequate, constituting violations under NEPA, Section 4(f), the CWA, the CAA, and Section 109(h). These alleged violations will be addressed accordingly. II. STANDARD OF REVIEW A. Administrative Procedure Act Claims brought under NEPA, Section 4(f), CWA, CAA, and Section 109(h) are subject to judicial review under the Administrative Procedure Act (“APA”), 5 U.S.C. § 706 et seq. Neither of these statutes provides an independent cause of action, and therefore falls under the aegis of the APA. See e.g. Lujan v. Nat’l Wildlife Fed., 497 U.S. 871, 882, 110 S.Ct. 3177, 111 L.Ed.2d 695 (1990). Generally, the role of a reviewing court is limited, and the standard of review of an agency action is one that is highly deferential to the agency. The Court’s role is only to assess whether the agency’s decision is “within the bounds of reasoned decision-making.” Baltimore Gas & Elec. Co. v. Natural Res. Defense Council, 462 U.S. 87, 105, 103 S.Ct. 2246, 76 L.Ed.2d 437 (1983). Furthermore, the reviewing Court is to base its decision on the administrative record and is not “generally empowered to conduct a de novo inquiry into the matter being reviewed and to reach its own conclusions based on such an inquiry.” Florida Power & Light Co. v. Lorion, 470 U.S. 729, 744, 105 S.Ct. 1598, 84 L.Ed.2d 643 (1985); see also Camp v. Pitts, 411 U.S. 138, 143, 93 S.Ct. 1241, 36 L.Ed.2d 106 (1973). The scope of review of an agency’s informal decision-making, the kind that occurs under NEPA and the above statutes, is under the “arbitrary and capricious” standard of review. This standard requires that courts must uphold agency action unless it was “arbitrary, capricious, an abuse of discretion, or otherwise not in accordance with law.” 5 U.S.C. § 706(2)(A); Citizens to Preserve Overton Park, Inc. v. Volpe, 401 U.S. 402, 91 S.Ct. 814, 28 L.Ed.2d 136 (1971). An agency’s action would be arbitrary and capricious if the agency relied on “factors that Congress has not intended it to consider, entirely failed to consider an important aspect of the problem, offered an explanation for its decision that runs counter to the evidence before the agency, or is so implausible that it could not be ascribed to a difference in view or the product of agency expertise.” Hughes River Watershed Consv. v. Johnson, 165 F.3d 283, 287-288 (4th Cir.1999). Under this standard of review, the Fourth Circuit has held that a court must decide if the agency’s decision “was based on a consideration of the relevant factors and whether there has been a clear error of judgment.” Virginia Agric. Growers Ass’n., Inc. v. Donovan, 774 F.2d 89, 93 (4th Cir.1985) (quoting Overton Park, 401 U.S. at 416, 91 S.Ct. 814). While “this inquiry into the facts and the record is to be searching and careful, the ultimate standard of review is a narrow one.” Id. The court is precluded from substituting “its judgment for that of the agency.” Id. The agency is obligated to examine the available evidence and to articulate a “rational connection between that evidence and its exercise of discretion”. Id.; Motor Vehicle Mfrs. Ass’n v. State Farm Mut. Auto. Ins. Co., 463 U.S. 29, 43, 103 S.Ct. 2856, 77 L.Ed.2d 443 (1983). B. Summary Judgment Because claims brought under the APA are adjudicated without a trial or discovery, on the basis of an existing administrative record, such claims are properly decided on summary judgment. Citizens for the Scenic Severn River Bridge, Inc. v. Skinner, 802 F.Supp. 1325, 1332 (D.Md.1991), aff'd, 1992 WL 180138, 1992 U.S.App. LEXIS 17466 (4th Cir. July 29, 1992); see also § 10B Wright and Miller, Federal Practice and Procedure 3d § 2733 (2007). Summary judgment is appropriate when there is no genuine issue of material fact and the moving party is entitled to judgment as a matter of law. See Fed. R.Civ.P. 56(c); Celotex Corp. v. Catrett, 477 U.S. 317, 322-23, 106 S.Ct. 2548, 91 L.Ed.2d 265 (1986). Additionally, the parties involved have submitted their motions for summary judgment and have agreed that the complaints can and should be resolved by this Court as a matter of law on their Cross Motions for Summary Judgment. III. DISCUSSION A. National Environmental Policy Act The National Environmental Policy Act (“NEPA”), 42 U.S.C. §§ 4321, et seq. (2007), “declares a broad national commitment to protecting and promoting environmental quality.” Robertson v. Methow Valley Citizens Council, 490 U.S. 332, 348, 109 S.Ct. 1835, 104 L.Ed.2d 351 (1989). NEPA has in fact become the “basic national charter for protection of the environment.” 40 C.F.R. § 1500.1 (2007). Compliance with NEPA ensures that federal agencies will consider significant environmental impacts of federal action, make available the relevant information, and open to public scrutiny their decision making process. Churchill County v. Norton, 276 F.3d 1060, 1072 (9th Cir.2001). Section 102(2) of NEPA is “one of the ‘action-forcing’ provisions intended as a directive to ‘all agencies to assure consideration of the environmental impact of their actions in decisionmaking.’ ” Kleppe v. Sierra Club, 427 U.S. 390, 409, 96 S.Ct. 2718, 49 L.Ed.2d 576 (1976) (quoting Conference Report on NEPA, 115 Cong. Rec. 40416 (1969)). The provision also ensures that “agencies act according to the letter and spirit of the Act.” 40 C.F.R. § 1500.1(a). NEPA does not mandate a particular outcome for a proposed project; rather, it is a procedural statute which prescribes the process by which the agency is to reach an informed decision. Robertson, 490 U.S. at 350-51, 109 S.Ct. 1835 (1989). In reviewing an agency’s efforts to comply with NEPA, the Court must examine whether the agency took a “hard look” at a proposed project’s environmental effects before acting. Hodges v. Abraham, 300 F.3d 432, 445 (4th Cir.2002). An agency takes a “hard look” when it “obtains opinions from experts outside the agency, gives careful scientific scrutiny, and responds to all legitimate concerns that are raised.” Hughes River, 165 F.3d at 288 (citing Marsh v. Oregon Natural Resources Council, 490 U.S. 360, 377, 109 S.Ct. 1851, 104 L.Ed.2d 377 (1989)). Notwithstanding the reviewing obligation, the Court must keep in mind that agency action is not required to be perfect. In fact, “Congress did not intend to mandate perfection” when it created NEPA. Sierra Club v. Morton, 510 F.2d 813, 820 (5th Cir.1975). While the Court’s role is to ensure that the procedural requirements of NEPA have been satisfied, the Court will “require only the ‘statutory minima,’ refusing to substitute [the Court’s] judgment for the judgment of the administrative agencies charged with satisfying the requirements of NEPA.” Druid Hills Civic Ass’n v. Fed. Hwy. Admin., 772 F.2d 700, 709 (11th Cir.1985); see also Kleppe, 427 U.S. at 410 n. 21, 96 S.Ct. 2718 (the Court cannot “substitute its judgment for that of the agency as to the environmental consequences of its actions”). If the Court is satisfied that the agency has taken the mandated “hard look” at the environmental effects of a proposed agency action, the Court must then consider whether the agency’s conclusions are arbitrary and capricious. Hughes River, 165 F.3d at 288. If the agency has followed the proper procedures mandated by the Act, and if there is a rational basis for its decision, the Court will not disturb the agency’s judgment. Id. Plaintiffs have raised a myriad of concerns with respect to Defendants’ compliance, or lack thereof, with the mandates of NEPA. However, in an effort to streamline the major issues presented, the Court will focus on three main arguments advanced by the Plaintiffs: (1) that Defendants narrowly constructed the “Purpose and Need” statement as to exclude reasonable alternatives; (2) that Defendants failed to consider reasonable alternatives, including alternatives presented by Plaintiffs; and (3) that Defendants failed to consider and study adverse environmental impacts. 1. Purpose and Need Statement Federal agencies are required to prepare detailed environmental impact statements (“EIS”) when they contemplate “major Federal actions significantly affecting the quality of the human environment.” 42 U.S.C. § 4332(2)(c). By requiring a detailed statement of the environmental consequences of a proposed federal action, the EIS serves three major purposes. First, “[i]t ensures that the agency, in reaching its decision, will have available, and will carefully consider, detailed information concerning significant environmental impacts.” Robertson, 490 U.S. at 349, 109 S.Ct. 1835. Second, it “guarantees that the relevant information will be made available to the larger audience that may also play a role in both the decision-making process and the implementation of that decision.” Dep’t. of Transp. v. Public Citizen, 541 U.S. 752, 768, 124 S.Ct. 2204, 159 L.Ed.2d 60 (2004). Third, and most importantly, it insures the integrity of the administrative process. Sierra Club, 510 F.2d at 820. An EIS must begin with a statement of the “Purpose and Need” for the proposed federal action. Alliance for Legal Action v. FAA, 69 Fed.Appx. 617, 621-622 (4th Cir.2003). The Council on Environmental Quality (“CEQ”) regulations require that an EIS “briefly specify the underlying purpose and need to which an agency is responding in proposing the alternatives including the proposed action.” 40 C.F.R. § 1502.13. The purpose and need statement “necessarily dictates the range of ‘reasonable’ alternatives.” Carmel-By-The-Sea v. U.S. Dep’t of Transp., 123 F.3d 1142, 1155 (9th Cir.1997). The statement of a project’s purpose and need is left to the agency’s expertise and discretion, and Courts defer to the agency if that statement is reasonable. Alliance, 69 Fed.Appx. at 622. When reviewing an agency decision, the Court need only apply a “rule of reason” standard, which allows for a deferential review of an agency’s compliance with the NEPA requirements. See Alliance, 69 Fed.Appx. at 622 (“we defer to the agency if the statement is reasonable”); City of Alexandria v. Slater, 198 F.3d 862, 867 (D.C.Cir.1999) (courts evaluate whether an agency’s objectives are reasonable “with considerable deference to the agency’s expertise and policy-making role.”); Citizens Against Burlington, Inc. v. Busey, 938 F.2d 190, 196 (D.C.Cir.1991) (“As the phrase ‘rule of reason’ suggests, we review an agency’s compliance with NEPA’s requirements deferentially” and “uphold an agency’s definition of objectives so long as the objectives that the agency chooses are reasonable”). The Court must determine whether the agency’s definition of the goals and objectives are reasonable, whether the agency has discussed in detail the alternatives, and whether the discussion of the alternatives is reasonable — in light of the particular goals and objectives. See id. The Court, however, does recognize that agencies may attempt to define the objectives of its actions in unreasonably narrow terms. “One obvious way for an agency to slip past the strictures of NEPA is to contrive a purpose so slender as to define competing ‘reasonable alternatives’ out of consideration (and even out of existence).” Simmons v. U.S. Army Corps of Eng’rs, 120 F.3d 664, 666 (7th Cir.1997). On the other hand, an agency may not “frame its goals in terms so unreasonably broad that an infinite number of alternatives would accomplish those goals and the project would collapse under the weight of the possibilities.” Citizens Against Burlington, 938 F.2d at 196. Instead, agencies must take a hard look at “the factors relevant to the definition of the purpose,” and must follow the mandates of NEPA when considering reasonable alternatives. Id. Here, Plaintiffs argue that the statement of “Purpose and Need” in the EIS is drawn so narrowly as to exclude from consideration reasonable alternatives to the proposed ICC. The Court reviews the agencies’ decision with deference, keeping in mind that the Court must not disturb the agency’s decision so long as it was reasonable. a. Purpose The defined purpose of a project certainly affects the possibility of alternatives for that particular project. If the purpose is defined “so unreasonably narrow that only one alternative from among the environmentally benign ones in the agency’s power would accomplish the goals of the agency’s action, [the] EIS would become a foreordained formality.” Citizens Against Burlington, 938 F.2d at 196. The stated goals for the proposed ICC project is to “link existing and proposed development areas between the 1-270 and I-95/US-1 corridors within central and eastern Montgomery County and northwestern Prince George’s County with a state-of-the-art, multimodal, east-west highway that limits access and accommodates passenger and goods movement.” ROD at 33; FEIS at I-1. Plaintiffs argue that Defendants have framed their statement of purpose as a pre-selected solution and have stated the purpose of the proposed project in such a way as to exclude consideration of reasonable alternatives. To support their argument, Plaintiffs note that several federal and state agencies found fault with the narrow statement of the purpose. Specifically, Plaintiffs bring to the attention of the Court an observation made by the U.S. Environmental Protection Agency (“USEPA”), noting that “[t]he term ‘east-west highway’ should be modified to reflect that the study includes multi-modal transportation options ... ‘[highway’ could be replaced by the phrase ‘transportation system’ or ‘transportation improvements.’ ” Thus, Plaintiffs question Defendants’ purpose statement, as they claim it screens out all alternatives other than building a new highway. Defendants respond by asserting that the mere mention of the word “highway” does not obviate the need to consider non-highway alternatives, and has presented sufficient case law demonstrating that courts have consistently upheld purpose and need statements that called for the specific purpose of constructing a road, so long as the agency also considered broader transportation objectives. For example, the D.C. Circuit upheld the purpose and need of the Woodrow Wilson Bridge that specifically provided for widening the Beltway to twelve lanes. See City of Alexandria, 198 F.3d at 867-68. See also Davis v. Latschar, 83 F.Supp.2d 1, 8 (D.D.C. 1998) (The court held that “[e]ven if the Park Service’s alteration of the objective’s wording were suspicious, any suspicions are allayed by its thorough consideration of all alternatives .... the Park Service initially considered and rejected a wide range of non-lethal alternatives.”). Similar to the Court in Davis, this Court finds that Defendants’ broad and thorough consideration of non-highway alternatives disproves Plaintiffs’ contention that Defendants’ purpose statement screened out non-highway alternatives. It is also worth noting that the agencies Plaintiffs referred to, who initially gave negative comments on Defendants’ purpose and need statement, concurred that their comments had been addressed in the version that ultimately appeared in the EIS. See Concurrence Letters from the Corps and MDE (FHWA 143582, 143507); see also Letter from EPA (Sept. 19, 2003) (FHWA 143593-94) (accepting wording of revised P & N Statement); FHWA 18282. The record indicates that Defendants considered broader transportation objectives, such as improving mobility or safety, which could allow for a broad range of reasonable alternatives. See FEIS Vol. 3, App. R-6 at 1. The mere mention of the word “highway” in the purpose statement did not prevent Defendants from considering broader transportation objectives, nor did it automatically exclude them from considering non-highway alternatives. Therefore, based on the Court’s review of the administrative record, the Court does not find that the stated purpose of building a “multi-modal highway” is too narrow. Moreover, the Court finds that Defendants did not act arbitrarily and capriciously in constructing the purpose statement. b. Need In addition to drawing a narrow purpose statement, Plaintiffs claim that Defendants narrowly defined the needs of the ICC project to eliminate consideration of alternatives besides the preferred ICC highway. Plaintiffs also maintain that Defendants failed to establish that these needs are in fact legitimate needs either in the ICC study area or in the region. In addition, Plaintiffs question the lack of data used by Defendants to demonstrate the need for the project. Noting that the concept of the ICC came into existence over five decades ago, Defendants explained, in detail, the needs of such a long-awaited project. These needs included, among other things, increasing the severely limited mobility and safety in the developed portions of Montgomery and northwestern Prince George’s Counties, supporting the continued attraction and retention of businesses and employment opportunities in the region, and supporting the region’s orderly growth and development patterns by constructing a highway that has long been a part of local land use planning objectives for both counties. FEIS at I-2. The Court agrees with Defendants that the five needs articulated in the purpose and need statement are the product of a thoughtful, deliberative inter-agency and public participation process that balanced transportation needs with environmental concerns. The record indicates that a broad interagency collaborative process took place, showing that over 100 representatives from local, State, and federal agencies, resulted in several refinements to the purpose and need statement. ROD at 5; FEIS Appendix R-6 at 1. The Court also finds that the record demonstrates that Defendants relied upon sufficient data to determine the needs of the proposed action. See FHWA 144212-13, 182677, 182726-41 (explaining the need for mobility and safety); FHWA 072677-709 (evidence supporting the economic needs of the proposed action); FHWA 182727-37, 144525 (discussing the need to support local land use plans). The record strongly suggests that Defendants’ statement of the project’s needs complies with NEPA. NEPA does not “substantively constrain an agency’s choice of objectives,” nor does it mandate specific objectives and needs that an agency must follow. City of Alexandria, 198 F.3d at 867. NEPA leaves these decisions to the discretion of the agencies involved. In light of this fact, the Court must defer to the expertise of the agency in evaluating the needs and objectives of the proposed action. It is not the Court’s role to second-guess the expertise of the agencies when determining the needs of the proposed project. After carefully reviewing the record presented, the Court does not find that Defendants acted arbitrarily and capriciously in selecting the needs for the proposed project. Moreover, the Court must also note that purpose and need statements have been consistently upheld where agencies have explored reasonable alternatives that met the agencies’ stated objections. In fact, there has been only one occasion where a Court has struck down an agency’s purpose and need statement. See Simmons, 120 F.3d at 666-70. Simmons is distinguishable from the case before the Court because the agency in Simmons failed to explicitly state and examine the purpose and need behind a dam project and had not adequately considered alternatives. Id. at 670. In Simmons, the City of Marion, Illinois proposed building a new dam and reservoir for the purpose of supplying water to the city and a Water District. Id. at 666. Since the project’s inception, the defendants defined the purpose as supplying the water from a single source and thus, focused on only one idea; therefore, the Court found that the agency never looked at reasonable alternatives that did not include the single source. Id. at 667-68. Here, the record clearly indicates that Defendants not only explicitly stated and closely examined the purpose and need behind the ICC project, but they also identified and carefully studied various alterna-fives. More specifically, the project began with over 300 alternatives, which were later narrowed down to eighteen (18), approximately nine of which were not highway alternatives (see infra at 2, the Court discusses the details of these alternatives below). Therefore, the Court finds no violation of NEPA with regards to the stated purpose and need, nor does the Court find that Defendants acted arbitrarily and capriciously when constructing the “Purpose and Need” statement. 2. Reasonable Alternatives Analysis An environmental impact statement must discuss reasonable alternatives “to the proposed action.” 42 U.S.C. § 4332(2)(C)(iii). The alternatives analysis is indeed the “heart of the environmental impact statement.” 40 C.F.R. § 1502.14. NEPA does not require that agencies take one type of action over another when determining what alternatives are reasonable. See Corridor H Alternatives, Inc. v. Slater, 166 F.3d 368 (D.C.Cir.1999). NEPA simply demands that the agencies “rigorously explore and objectively evaluate all reasonable alternatives.” 40 C.F.R. § 1502.14. The Court recognizes that the consideration of alternatives is extremely important in the NEPA process, particularly considering that “is the heart of the environmental impact statement.” Id. Plaintiffs argue that Defendants failed to consider and evaluate reasonable alternatives to the proposed project and that Defendants arbitrarily dismissed alternatives that could meet the study area’s needs. In determining whether Defendants adequately considered reasonable alternatives, the Court notes that “[t]he agency bears the responsibility for deciding which alternatives to consider in an environmental statement” and “for defining at the outset the objectives of an action.” Citizens Against Burlington, 938 F.2d at 195-96. The agency “need not consider all of the possible alternative actions in the EIS; it is only required to look at those that are reasonable in light of the project’s stated purpose.” Alliance, 69 Fed.Appx. at 622; see also Citizens Against Burlington, 938 F.2d at 195 (“CEQ regulations oblige agencies to discuss only alternatives that are feasible, or (much the same) reasonable.”). However, the “existence of a viable but unexamined alternative renders an environmental impact statement inadequate.” Res. Ltd. v. Robertson, 35 F.3d 1300, 1307 (9th Cir.1994). As it has been generally noted, “the term ‘alternatives’ is not self-defining,” See Vermont Yankee Nuclear Power Corp. v. Natural Res. Def. Coun. Inc., 435 U.S. 519, 551, 98 S.Ct. 1197, 55 L.Ed.2d 460 (1978). The Court also recognizes that NEPA and CEQ “does little to clarify the baseline against which a reasonable alternative is to be measured.” City of Alexandria, 198 F.3d at 867. This lack of guidance for agencies with respect to the “reasonable alternatives” has led courts to “delimit the universe of the action’s reasonable alternatives” and to evaluate the agency’s choices of reasonable alternatives “in light of the objectives [and goals] of the federal action.” Id. Again, the Court’s review is not of the agency’s substantive judgment, but of the sufficiency of the agency’s consideration of the reasonable alternatives. See Robertson, 490 U.S. at 350, 109 S.Ct. 1835. In considering alternatives, the agencies were required to address three particular questions. “First, what is the purpose of the proposed project, i.e. major federal action? Second, given that purpose, what are the reasonable alternatives to the project? And third, to what extent should the agency explore each particular reasonable alternative?” See Highway J Citizens Group v. Mineta, 349 F.3d 938, 961 (7th Cir.2003). Having discussed the purpose in the preceding section, the Court will focus solely on the second and third steps in the Court’s analysis of the alternatives considered by Defendants. Given the stated purposes of the ICC, the Court finds that Defendants considered a sufficient number of reasonable alternatives and explored them to the extent necessary for the ICC project. The record demonstrates that Defendants initially considered a broad range of alternatives and measured their relative effectiveness to meet the project’s mobility, safety and other objectives. Defendants conducted a preliminary screening of over 300 suggestions (generated by agencies and citizens) for project alternatives, which were supplemented with alternatives and options considered in past studies. ROD 34-35; FHWA 142134. Each alternative was analyzed to determine whether it met the purpose and need and whether it presented adverse environmental impacts. From this first level of screening, eighteen alternatives were selected for preliminary examination to determine if they warranted in-depth study in the EIS. Id. Contrary to Plaintiffs’ argument that Defendants failed to consider non-highway alternatives, eight of the eighteen alternatives were non-highway alternatives. See FHWA 142134. The FEIS adequately discussed each of the eighteen alternatives to determine whether they would meet the project’s purpose and need. See FHWA 142134-142160. The record demonstrates that between September 2003 and March 2004, the Lead Agencies held eight meetings with federal, state, and local agencies to discuss draft reports of the eighteen alternatives retained for detailed study (“ARDS”) to determine if these alternatives could adequately address the purpose and need of the ICC project. FEIS Vol. 3, App. R-6 at 2. In addition, in November 2003, the study team held three public workshops on alternatives. FHWA ROD at 35. The ARDS determination was revised in response to comments. See, e.g. FHWA 056177-056199 (responses to agency comments on January 7, 2004 draft ARDS report); see also FEIS Vol. 3, App. R-8 at 20-30; RTC III — 25—41 (documenting consideration of comments from the public about the ARDS determination). After evaluating the eighteen alternatives, the ICC study team determined that fifteen of the alternatives would be dropped from further consideration because they did not adequately meet the purpose and need of the project. Agencies may properly eliminate from further study those alternatives that do not meet its reasonable objectives. City of Alexandria, 198 F.3d at 867. Defendants’ reasons for eliminating each alternative were explained in the FEIS Vol. 1, III — 9 to III26, and documented in the March 3, 2004 technical report “Alternatives Retained for Detailed Study,” FHWA 056051-056139. Additional support for the ARDS determination is found in the administrative record. See FHWA 18062-181421. Finally, Defendants evaluated three alternatives in detail: a no-action alternative and two build alternatives (Corridor 1 and Corridor 2). ROD 37; FEIS Vol. 1 at III-28-35 (summarizing the alternatives). The no-action alternative assumed that all transportation improvements formally planned for construction by 2030, except for the ICC, will be built. FHWA ROD at 37; see also FHWA 078615-078620 (listing major highway and transit projects planned for region). ROD at 37-88. The agencies ultimately decided to select Corridor I. The record clearly indicates that Defendants adequately considered reasonable alternatives and engaged in a very thorough and collaborative process when deciding which alternatives would be eliminated. The Court recognizes that Defendants were presented with a range of alternatives, including those presented by Plaintiffs. Undoubtedly, the range of alternatives for an agency to consider when constructing a project to fit the stated purpose and need in Defendants’ FEIS can potentially be as thick as the leaves on a very windy autumn day. However, as the Supreme Court has noted, a “detailed statement of alternatives cannot be found wanting simply because the agency failed to include every alternative device and thought conceivable by the mind of man.” Vermont Yankee, 435 U.S. at 551-52, 98 S.Ct. 1197; see also Carmel-By-The-Sea, 123 F.3d at 1155 (The EIS “need not consider an infinite range of alternatives, only reasonable and feasible ones.”). The Court, therefore, finds that Defendants complied with NEPA in its consideration of reasonable alternatives. In addition, the Court finds that Defendants satisfied the CEQ’s requirement that the agency “briefly discuss” its reasons for eliminating alternatives from detailed study. Plaintiffs’ Suggested Alternatives Plaintiffs also argue that their proposed alternatives were reasonable and thus, warranted inclusion in the EIS study. Plaintiffs furnished Defendants with a detailed, 91-page report from Smart Mobility, Inc. (“SMI Report”) proposing a number of non-highway alternatives to the ICC, including: (1) transit oriented land use and investment; (2) adding toll lanes and express bus service; (3) High Occupancy Toll lanes (“HOT”); and (4) hybrid: transit oriented HOT lane. Plaintiffs claim that these alternatives could meet the transportation needs of the study area identified in the EIS. If measured against other alternatives, the ICC costs more money, causes more suburban sprawl in rural neighborhoods, and fails to solve any long-standing transportation problems. Despite Plaintiffs’ contention that their goal was not to demonstrate that their alternatives actually performed better than the alternatives contained in the FEIS, what leaps out at the Court is that Plaintiffs are attempting to substitute their alternatives with those selected by the agencies, repeatedly noting how their proposed alternatives provide “superior” performance than the proposed ICC. It is not the Court’s role to get involved in what some may label as a “tug of war game” between Plaintiffs and Defendants to determine which alternatives are actually better; however, the Court must determine whether Defendants considered reasonable alternatives in compliance with NEPA. The record indicates that Defendants specifically considered the alternatives advanced by Plaintiffs. See FEIS Vol. 3, App. R-9, ROD at 47-52. Defendants had already considered alternatives that were similar to two of the four alternatives proposed in Plaintiffs’ SMI Report — the transit oriented and express bus service alternatives. NEPA does not require a “separate analysis of alternatives which are not significantly distinguishable from alternatives actually considered or which have substantially similar consequences.” Westlands Water Dist. v. U.S. Dept. of Interior, 376 F.3d 853, 868 (9th Cir.2004); see also City of Carmel, 123 F.3d at 1142 (finding agency need not consider plaintiffs suggested alternative that was similar to alternative discussed in detail in FEIS and did not amount to a new, substantive proposal). After evaluating each of Plaintiffs’ alternatives, Defendants determined that these alternatives would not meet the purpose and need of the project. For example, Defendants noted that Plaintiffs’ proposed alternatives addressed broader regional transportation needs rather than the east-west mobility needs of the study area and they failed to provide sufficient mobility within the study area. Plaintiffs further posit that Defendants were still required to conduct a detailed analysis of Plaintiffs’ alternatives even if their alternatives only partially satisfies the purposes and needs of a project with less environmental impact. See N. Buckhead Civic Ass’n v. Skinner, 903 F.2d 1533 (11th Cir.1990). Plaintiffs’ reliance on this case is not entirely misplaced; however, Plaintiffs infused a much stronger holding into the case. The Eleventh Circuit merely acknowledged that “an alternative partially satisfying the purpose and need of the proposed project may or may not need to be considered depending on whether it can be considered a ‘reasonable alternative.’ ” Id. at 1542. This case is not inconsistent with the general proposition that the alternatives must be reasonable in light of the project’s purpose and needs. Defendants argue, and the Court agrees, that the agency was not required to study Plaintiffs’ alternatives in the same depth as the three alternatives retained for detailed study because it was determined that Plaintiffs’ alternatives were not reasonable. As noted above, NEPA requires only that the agency briefly discuss the reasons why an alternative is eliminated from detailed study. 40 C.F.R. § 1502.14(a) (emphasis added). The agency was also not required to retain Plaintiffs’ suggested alternatives for full analysis where it was previously determined that such alternatives would not meet the needs of the ICC project. See Ass’ns Working for Aurora’s Residential Env’t. v. Colo. Dep’t of Transp., 153 F.3d 1122, 1130 (10th Cir.1998) (upholding Defendants decision to eliminate a mass transit alternative from full analysis in the EIS because such an alternative to highway construction would not meet the congestion relief goals of the project, stating “it is clear than an agency need not independently evaluate alternatives it determines in good faith to be ineffective as a means to achieving the desired ends”); see also N. Buckhead, 903 F.2d at 1541-43 (upholding FHWA’s decision to eliminate a rail transit alternative from detailed consideration because although it would provide additional capacity, it would not provide congestion relief.) The Court now turns to Plaintiffs’ argument that Defendants arbitrarily and capriciously rejected common measures of effectiveness (“MOEs”) necessary to evaluate Plaintiffs’ alternatives against the area’s needs. MOEs are often used to determine performance and effectiveness of an alternative. Plaintiffs argue that the Defendants failed to use vehicle miles traveled (“VMT”), vehicle hours traveled (“VHT”), or vehicle hours of delay (“VHD”) as performance measures for the alternatives analysis. Defendants maintain that these MOEs were not used in the ICC analysis because they “reflect the objective of reducing regional auto travel and increasing regional transit use, which are not objectives of the ICC purpose and need.” FEIS Vol. 3, App. R-9 at 5. The record indicates that Plaintiffs’ MOEs do not fully address the major needs of the study area&emdash;roadway congestion or east-west mobility. The record indicates that Defendants studied the differences in the models and concluded that the FEIS presents conservative projections for future traffic levels on the ICC, that the model used by SMI would not significantly change the FEIS conclusions, and that it was appropriate to rely on the travel forecasting results preserved in the FEIS rather than duplicate the FEIS travel forecasting using the more recent projections of SMI. See FHWA 182581 at 182582-85. In addition, the use of the MOEs requires a high level of technical expertise, and the Court must defer to the informed discretion of the responsible federal agencies in such a situation. Marsh, 490 U.S. at 377, 109 S.Ct. 1851 (1989); see also N. Buckhead, 903 F.2d at 1544 (finding agency modeling entitled to deference and the court should not be a “super professional transportation analyst” in order to determine the appropriate model to use). Plaintiffs raise other arguments with respect to their position that Defendants failed to reasonably consider their alternatives. However, in light of the Court’s review of the record and the analysis Defendants conducted of Plaintiffs’ alternatives, the Court does not believe that those arguments warrant a detailed discussion in this opinion. The record reasonably supports Defendants’ dismissal of Plaintiffs’ alternatives. Because the Defendants’ findings are supported by the record, the Court must defer to it. The Court does not find that Defendants acted arbitrarily and capriciously in dismissing Plaintiffs’ alternatives. The Court concludes that Defendants acted reasonably in defining the purpose and needs of its action, in eliminating alternatives that would not achieve it, and in discussing the proposal that would achieve the purpose and needs of the project. Although the Court recognizes that the EIS may not be a portrait of perfection, the Court does find that it was reasonably complete and satisfied the statutory minimum requirement under NEPA. The agency’s action is not inconsistent with or does not compromise the intent, spirit, and integrity of NEPA. Therefore, the Court finds that the agency complied with the requirements of NEPA. 3. Consideration of Environmental Impacts An environmental impact statement must include a discussion of the environmental impacts of the proposed action. 42 U.S.C. § 4332(2)(C)(i); 40 C.F.R. § 1502.16. The CEQ regulations provide that an environmental impact statement “shall contain a full and fair discussion of significant environmental impacts” and that “impacts shall be discussed in proportion to their significance.” 40 C.F.R. §§ 1502.1, 1502.2(b). NEPA also requires Defendants to identify whether all practicable means to avoid or minimize environmental harm from the selected alternative have been adopted, and if not, why not. 40 C.F.R. §§ 1505.2(c). Plaintiffs argue that Defendants failed to study important adverse impacts and mitigation measures and disclose the adverse climate change impacts resulting from the proposed Selected Alternative. Plaintiffs also argue that the FEIS inadequately and inaccurately describes reasonably foreseeable impacts of building the ICC, specifically, those related to water quality, air quality, traffic impacts, and impacts of mobile source toxins. a. Water Quality Plaintiffs claim that Defendants relied on a faulty comparison of water quality impacts between the two build alternatives when Defendants made the determination that the build alternative not selected— Corridor 2 — is a less environmentally attractive option than the ICC. Specifically, Plaintiffs contend that the lead agencies failed to compare Corridors 1 and 2 on the basis of the secondary and cumulative impacts to water quality from induced development. They allege that certain modeling analyses undertaken to compare the two alternatives utilized inconsistent inputs, thus compromising the final decision. According to Defendants, the lead agencies, through the use of the Expert Land Use Panel (“ELUP”), quantitatively assessed the potential acreage of secondary development associated with both the Corridor 1 and Corridor 2 alternatives. See FEIS Vol. 1 at IV-398-409. Based on the ELUP process and their determination of the effects of potential secondary development, Defendants concluded that secondary impact was expected to be greater for Corridor 2. See FEIS Vol. 1 at IV-411, IV-434. With respect to Plaintiffs’ argument that Defendants provided an in-depth quantitative and qualitative analysis of the Corridor 2 impacts on the Rocky George, but failed to do the same for Corridor 1, the record indicates that only Corridor 2 would have adverse impacts on the reservoirs. See FIES Vol. 1., Table IV-60 at IV-184. In fact, Corridor 1 would not cross the Rocky Gorge reservoir or its tributaries, and Corridor 2 would have. Id.; see also FEIS Vol. 1 at IV-187. Moreover, Defendants decided to quantitatively assess the water quality impact on the Rocky Gorge Reservoir in relation to Corridor 2 in response to concerns of the local agency with jurisdiction over the Rocky Gorge Reservoir. FEIS Vol 3., App. R-5 at 18-23; ROD at 72. Based on the review of the record, the Court believes that Defendants sufficiently explained their reasons for comparing both Corridors. The Court also finds that Defendants thoroughly examined the impacts from induced development from each alternative on water quality and did not arbitrarily and capriciously compare the two. The record fully supports Defendants’ reasoning. b. Air and Traffic Impacts Plaintiffs contend that Defendants violated NEPA by utilizing a growth forecast that assumed building the ICC would have no impact on land use in the region and that the air and traffic modeling used in the FEIS exclude the secondary or indirect impacts entirely. Plaintiffs note that Defendants used the Round 6.3 forecast (which was based upon expectations of regional growth without the ICC) to model all of the traffic and air impacts of the no-build alternative and the build alternatives, and thus included no component for induced or secondary development resulting from building the ICC along either Corridor 1 or 2. Even though the forecast was replaced with a more accurate updated version by the Metropolitan Washington Council of Governments (“MWCOG”), before the release of the Draft EIS, Plaintiffs stated that the outdated forecast remained as the chosen modeling tool used throughout this NEPA process. Plaintiffs argue that this approach violates NEPA regulations, which require an EIS to assess all reasonably foreseeable impacts, including indirect, secondary, and cumulative impacts. Essentially, Plaintiffs argue that the FEIS should have included Round 6.4, which incorporated secondary and induced growth impacts and became available roughly two months before the DEIS was released. The MWCOG produces official land use forecasts for the region each year. FHWA 043858. These land use forecasts are used in analyzing that year’s regional transportation planning documents and air quality conformity determination. The record demonstrates that the ICC Study Team used Round 6.2, the land use forecast in effect at that time, in the ICC traffic model. See FHWA 037791, 041855. Following Plaintiffs’ request that the ICC team start the process of developing the ICC’s traffic model over using the expected Round 6.3 forecast and following MWCOG’s actual release of the Round 6.3 forecast, Defendants did indeed restart the process to reflect the Round 6.3 land use forecast. Round 6.3 does not assume the ICC will be built within its forecast period, which went to year 2030. Defendants note that MWCOG approved its updated land use forecast, Round 6.4A, in November of 2004, just one week before Defendants’ DEIS was released. Defendants also note, and the record supports, that the agency did not ignore the updated Round 6.4A forecasts. See FEIS Vol. 1 at IV-387. Round 6.4A was officially adopted only a week before the DEIS was released. Instead of recalculating the traffic model and the secondary and cumulative effects study, Defendants conducted a limited “sensitivity analysis.” See FEIS, Vol. 1 at IV-386-89. The sensitivity analysis showed that the 2030 traffic forecast on the western half of the ICC would be essentially the same (less than 3% difference) using the updated land use forecast and would range from 13% to 20% greater on one section of the eastern half. Id. The final EIS noted that the section of the ICC showing the 13%-20% greater traffic using the updated forecast is also the section that was projected to carry the lowest volume so that the increased traffic on the ICC in 2030 using this forecast would not result in a congested ICC and was not considered significant. Id.; RTC at III-172. The Court recognizes that Federal agencies are not obligated to restart the NEPA process every time new information becomes available. See Piedmont Heights Civic Club, Inc. v. Moreland, 637 F.2d 430, 442 (5th Cir.1981) (“an administrative process can never come to an end if the process must begin again every time new information is available”) (citing Vermont Yankee, 435 U.S. at 555, 98 S.Ct. 1197). Given the fact that the Round 6.4A land use forecast became effective only a week before Defendants released its DEIS and given the sensitive analysis conducted, the Court believes that Defendants’ refusal to re-calculate the traffic model did not preclude informed decision-making and informed public participation in this instance. Therefore, the Court finds that Defendants complied with NEPA and did not act arbitrarily and capriciously by not relying on the Round 6.4A forecast. c. Impacts of Mobile Source Air Tox-ics Emitted by the ICC Plaintiffs next argue that Defendants failed to disclose the significantly increased health risks associated with mobile source air toxics (“MSATs”). They also argue that Defendants impermissibly limited their analysis of MSAT emissions to an estimate of aggregate emissions across the entire study area and provided no comparison of the health risks for residents of new highway alignments compared to non-highway alternatives. The term “mobile source air toxics” refers to hazardous air pollutants that are emitted from cars, trucks, buses, and various non-road equipment powered by engines that use petroleum products. 66 Fed.Reg. 17,229, 17,234 (March 29, 2001); 40 C.F.R. Parts 59, 80, 85-86. EPA has determined that MSATs “may have adverse effects on human health and welfare.” Id.; see also 42 U.S.C. § 7412. Defendants’ area investigation shows that the proposed ICC will result in 4-6% more MSAT emissions than the No-Build alternative. ROD at 135. Plaintiffs claim that Defendants point to project emissions solely to minimize their importance for the region as a whole, but ignore the dramatic increase in exposure for residents and children attending schools within the high pollution zone along the right-of-way. Plaintiffs also argue that the inability to predict exposure with precision does not authorize Defendants to ignore NEPA’s mandate to disclose the effects of project emissions on public health, and to compare alternatives based on their health impacts. To address the highly technical issue of MSAT emissions, Defendants claimed that they adopted a careful approach that reflected the judgment and expertise of the agency’s experts in this evolving field. In Section IV.H.7 of the FEIS, Defendants described the potential effects of MSATs on human health; discussed the national trends in MSAT emissions; summarized the latest scientific research; and assessed the capabilities of current modeling tools. In addition, the agency presented a quantitative analysis to predict future MSAT emissions in the ICC study area, even though FHWA guidance required no such analysis for this project. FEIS Vol. 1 at TV-317 to 329. The analysis showed that total MSAT emissions in the ICC study area will decline dramatically — by as much as 92% — between 2000 and 2030. FEIS Vol. 1 at IV-327. It also showed that MSAT emission reductions will be only slightly less with the ICC than without it. Id. In other words, Defendants concluded that the ICC will make a “negligible” difference in MSAT emissions in the study area. FHWA, Vol. 1 at III — 130. Defendants also note that EPA has not established a maximum allowable concentration of MSATs in the air, nor has EPA established (or required States to establish) a cap on total MSAT emissions in a region. As a result, there is no regulatory standard for determining an acceptable level of MSAT emissions or an acceptable concentration of MSATs in the air. They argue that because EPA has set no such standard for MSATs, there is no regulatory “measuring stick” for evaluating MSAT emissions from a highway project. Defendants concluded that there were large uncertainties in conducting the health effects analysis to predict the impact of MSAT emissions on the health of the people living near the roadway. FEIS, Vol. 1 at III— 130-131, 133-136, 142. Although noting this uncertainty, Defendants did conduct a MSAT analysis, as explained above, as an aggregate emission across the entire ICC study area. The Court believes that Defendants’ methodology was reasonable and should be upheld. See Sierra Club v. United States Dep’t of Transp., 753 F.2d 120, 129 (D.C.Cir.1985) (agency has “responsibility of considering the various modes of scientific evaluation and theory and choosing the one appropriate for the given circumstances”). Defendants’ failure to consider Plaintiffs’ approach to the health effects analysis,