South Dakota v. Adams
Citation: 9 ELR 20071
No. No. 78-1199, 587 F.2d 915/12 ERC 1648/(8th Cir., 11/29/1978)
The Eighth Circuit finds that it is within the statutory authority of the Secretary of Transportation under title I of the Highway Beautification Act to set aside 10 percent of a state's federal-aid highway apportionment once he has preliminarily determined that the state has failed to exercise effective control over outdoor advertising in proximity to federal highways. Although the Act clearly allows the Secretary to withhold such finding pursuant to a final determination of a lack of effective control, it does not specify whether it is permissible to reserve such funding contingent upon a final determination. The court holds that in light of the broad administrative powers which accompany delegations of legislative authority generally, as well as the broad powers specifically conferred upon the Secretary by the Act, the interim withholding in this case is a reasonable and appropriate method of ensuring the efficacy of the 10-percent penalty.
Counsel for Appellant
Carl W. Quist, David L. Zuercher, Ass't Attorneys General
State Capitol Bldg., Pierre SD 57501
Counsel for Appellees
David V. Vrooman, U.S. Attorney
231 Federal Bldg. & U.S. Courthouse, 400 S. Phillips Ave., Sioux Falls SD 57701
Robert E. Kopp, Susan M. Chalker
Department of Justice, Washington DC 20530
Joined by Lay and Harper,* JJ.