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Monroe County Conservation Council v. Adams

Citation: 8 ELR 20077
No. No. 77-6129, 566 F.2d 419/11 ERC 1037/(2d Cir., 11/22/1977)

The court affirms a lower court's judgment dissolving an injunction against the approvalof federal funding for construction of a highway segment through Genessee Valley Park near Rochester, New York. The trial court was not clearly erroneous in determining that the project environmental impact statement adequately examined all reasonable alternatives and properly concluded that the project will have no significant social impact. Nor was the lower court mistaken in holding that the Secretary of Transportation's analysis of alternatives under § 4(f) of the Department of Transportation Act was comprehensive and conducted in good faith, and that his determination that no alternative was both feasible and prudent was not arbitrary, capricious, or an abuse of discretion.

Counsel for Plaintiffs-Appellants
Wayne M. Harris
Harris, Maloney, Horwitz & Evans
Powers Bldg., 16 W. Main St., Rochester NY 14614
(716) 454-6950

Counsel for Defendant-Appellee
James W. Moorman, Ass't Attorney General; Eva R. Datz, Jacques B. Gelin
Department of Justice, Washington DC 20530
(202) 737-8200

Richard J. Arcara, U.S. Attorney; Gerald J. Houlihan, Ass't U.S. Attorney
233 U.S. Courthouse, 100 State St., Rochester NY 14614
(716) 263-6760