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D.C. Fed'n of Civic Ass'ns v. Volpe

Citation: 2 ELR 20092
No. Nos. 24,838 & 24,843, 459 F.2d 1231/3 ERC 1806/(D.C. Cir., 03/02/1972) Supplemental opinion

In its decision of issues reserved in D.C. Federation of Civic Associations v. Volpe, 1 ELR 20572 (D.C. Cir. Oct. 12, 1971), the court holds that Section 23 of the Federal Aid Highway Act of 1968 did exempt the Three Sisters Bridge project from the highway planning provisions of the D.C. Code, but that the requirements of the Historic Preservation Act must be met before the Secretary of Transportation can finally approve the project. The Court also provides a statement of its reasons for denial of the defendants' petition for rehearing announced December 2, 1971.

Counsel for Plaintiff
Roberts B. Owen
Gerald P. Norton
Covington & Burling
888 Sixteenth Street, N.W.
Washington, D.C. 20006

Counsel for Federal Defendants
Thomas L. McKevitt
Shiro Kashiwa
Thomas A. Flannery
Joseph M. Hannon
Edmund B. Clark
Department of Justice
Washington, D.C.

Counsel for Defendants District of Columbia
John R. Hess Asst. Corporation Counsel
C. Francis Murphy Corporation Counsel
Richard W. Barton Asst. Corporation Counsel
District Building
Washington, D.C. 20004

Before BAZELON, Chief Judge, FAHY, Senior Circuit Judge, and MacKINNON, Circuit Judge.