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Smeltzer v. Adams

Citation: 8 ELR 20352
No. No. 77-3011, (N.D. Iowa, 04/05/1978) Injunction modified

On defendant's motion to clarify an earlier injunctive order requiring preparation of a programmatic environmental impact statement (EIS) on a proposed highway project, the court exempts a five-mile portion of one segment of the highway from the injunction against construction or right-of-way acquisition and specifies the duty imposed on defendants by the earlier order. The stipulations of the parties indicate that injunctive relief was not intended to extend to this portion of the project. The court's order requires preparation, either by means of a supplement or an entirely new impact statement, of a programmatic EIS on the 181-mile portion of the highway that has already received corridor approval. The revised EIS must be circulated for comment and review, and the agency's final decision on the highway can only be made after the statement has been considered.

Counsel are listed at 8 ELR 20221.