 At a hearing on May 22 , 1990 , Judge Brett announced his refusal to reconsider the seven dismissed claims , ending the lawsuit , and ruled all remaining pending motions moot . At the hearing , Brett said that the issue at the heart of the suit was the highway 's effect on area residents . While this was a legitimate interest , the judge said , it was not covered by the environmental laws under which the plaintiffs chose to challenge the project . Brett also pointed out that the environmental questions were at that time under review by the appropriate federal agencies . 
