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Lathan v. Volpe

Citation: 2 ELR 20090
No. No. 71-1149, 455 F.2d 1111/(9th Cir., 02/08/1972) Modified

The court of appeals corrects its opinion in Lathan v. Volpe, 1 ELR 20602 (9th Cir. Nov. 15, 1971), by determining that the Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970 (URA), not the relocation provisions of the Federal-Aid Highway Act of 1968, is applicable to Interstate 90. Because the requirements of both statutes essentially are the same with respect to the protection afforded displaced persons, the court again holds that defendants have not complied with federal law governing relocation. The filing of a draft environmental impact statement pursuant to NEPA does not moot the issue of defendants' obligation under the Act. The determination of whether defendants have satisfied that obligation is left for the trial court.

Counsel for Plaintiffs
J. Anthony Kline
Public Advocates
433 Turk Street
San Francisco, California 94102

Counsel for Federal Defendants
Walter Fleischer Attorney
Department of Justice
Washington, D.C. 20530

Counsel for State Defendant
Thomas Garlington
Office of Attorney General
Temple of Justice
Olympia, Washington 98501

Before: JERTBERG, DUNIWAY and CHOY, Circuit Judges