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La Raza Unida v. Volpe

Citation: 4 ELR 20090
No. No. 72-1059, 488 F.2d 559/(9th Cir., 11/29/1973) Aff'd

The court affirms a preliminary injunction against further construction of a federally funded 14 mile highway segment until defendants have complied with the relocation assistance and environmental protection provisions of the Federal Aid Highway Act of 1968 and the Department of Transportation Act of 1966. Defendants' contention that failure to comply with these statutes merely deprives the project of the option to obtain federal funds and does not warrant injunctive relief is mistaken. The court rules that compliance with the statutory provisions is required before location approval rather than prior to final construction approval as defendants assert. For earlier opinions by the district court issuing the injunction and awarding attorney's fees to plaintiffs, see 1 ELR 20642 and 2 ELR 20691.

Counsel for Plaintiffs
Mario Obledo
Mexican-American Legal Defense Fund
145 Ninth Street
San Francisco, California 94103

J. Anthony Kline
Ellen Cummings
Public Advocates, Inc.
433 Turk Street
San Francisco, California 94102

Stephen P. Berzon
Vernon W. Salvador
Legal Aid Society of Alameda County
4600 E. 14th Street
Oakland, California 94601

Counsel for Defendants
James L. Browning U.S. Attorney
450 Golden Gate Avenue
San Francisco, California 94102

Donald M. Velasco
Dept. of Public Works
Room 703
369 Pine Street
San Francisco, California 94104