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Daly v. Volpe

Citation: 1 ELR 20242
No. No. 9490, 326 F. Supp. 868/2 ERC 1506/(W.D. Wash., 04/09/1971) Motion for preliminary injunction denied

Where Washington State Department of Highways (SHD) conducted extensive correspondence, consultation and meetings, held two formal hearings and published two detailed alternate route studies in connection with proposed by-pass to interstate highway I-90, substantial compliance with the policies underlying National Environmental Policy Act of 1969 (NEPA) was achieved. Plaintiffs have not, therefore, demonstrated that they are likely to prevail at trial and are not entitled to a preliminary injunction prohibiting further work on the project despite proof that an environmental impact statement was not prepared before the third and final location hearing was held, as required by NEPA, and despite proof that Federal Highway Administration's (FHA) Division Engineer gave location approval to project prior to submission by SHD to him of final impact statement as required by Department of Transportation and FHA interim guidelines.

Counsel for Plaintiffs:
Irving Clark, Jr.
505 Madison
Seattle, Wash. 98101
(206) MU2-5400

Counsel for Defendants:
Stan Pipkin
Albert Stephen U.S. Attorneys
Department of Justice
Seattle, Wash. 98101
(206) 442-7970