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Brooks v. Volpe

Citation: 5 ELR 20001
No. No. 9144, 380 F. Supp. 1287/(W.D. Wash., 08/12/1974) Injunction dissolved

The court dissolves an existing injunction against further construction of an interstate highway through a national forest after finding that defendants have fully complied with the requirements of NEPA and § 4(f) of the Department of Transportation Act. Using the "rule of reason" standard of review, the court concludes that the final environmental impact statement for the project complies with NEPA. The statement is neither conclusory nor self-serving, and adequately discusses alternatives to the proposed action. Defendants' determination that there is no feasible and prudent alternative to the use of public land for the highway was not arbitrary, capricious, an abuse of discretion, or otherwise not in accordance with law. The one alternative suggested by plaintiffs is not feasible and prudent since it would make use of public land, and in addition be more costly, rely on unproven engineering techniques, and result in increased noise pollution of nearby recreation areas.

Counsel for Plaintiffs
J. Richard Aramburu
209 College Club Building
505 Madison Street
Seattle, Wash. 98104

Counsel for Defendants
Slade Gorton Attorney General
Charles F. Secrest
Gary Souja Deputy Attorneys General
5th Floor Highway Licenses Building
Olympia, Wash. 98504

Stan Pitkin U.S. Attorney
Albert E. Stephan Asst. U.S. Attorney
U.S. Courthouse
1010 Fifth Avenue
Seattle, Wash. 98104

Robert B. Rutledge Regional Counsel
Federal Highway Administration
222 S.W. Morrison
Portland, Ore. 97204