The Sierra Club and the San Diego National Audubon Society, as well as some other groups, sued the FHWA, USACE, and U.S. Fish and Wildlife Service to block the construction of the toll road over alleged breaches of the Endangered Species Act in October 2001; however, a San Diego judge sided with the contractor and the federal government in March 2003. The environmental concerns were resolved by the developer for $3.07 million and an agreement to work outside breeding times for the endangered species involved in May of that year; in return, the environmental groups agreed not to appeal the court decision. Some community groups also opposed the project.