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Scherr v. Volpe

Citation: 2 ELR 20068
No. No. 71-C-347, 336 F. Supp. 882, 886/3 ERC 1586, 1588/(W.D. Wis., 12/07/1971)

Construction and further development of a federally assisted highway is preliminarily enjoined in a suit alleging the Secretary of Transportation's noncompliance with the National Environmental Policy Act (NEPA). Defendants' motion to suspend the preliminary injunction is denied because it appears that plaintiffs will be able to show that the highway undertaking is a major federal action which will significantly affect the environment, and that defendants' failure to comply with NEPA invalidates their approval of the highway undertaking.

Counsel for Plaintiffs
Frederick H. Miller
222 South Henry Street
Madison, Wisconsin 53703

Counsel for Defendants
John O. Olsen U.S. Attorney
United States Courthouse
Madison, Wisconsin 53703