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Conservation Soc'y of S. Vt. v. Secretary of Transp.

Citation: 8 ELR 20370
No. No. 6598, 443 F. Supp. 1320/(D. Vt., 01/19/1978) Injunction dissolved

After six years of litigation on the matter, the court finds that analysis of feasible alternatives to use of park land prepared in connection with the proposed highway project satisfies the requirements of § 4(f) of the Department of Transportation Act. The § 4(f) statement shows that the defendants have included within the project plans sufficient measures to ensure the minimization of adverse environmental impacts upon the nearby Lye Brook Backwoods area. The full discussion of alternatives supports the conclusion that the proposed highway alignment is the most feasible and prudent means of achieving the project's important objectives. The court finds that the defendants have not acted arbitrarily and capriciously and accordingly lifts the previously issued injunction to permit acquisition of a four-lane right-of-way and construction of a two-lane highway.

Counsel for Plaintiff
Harvey D. Carter, Jr.
Witten & Carter
100 South St., Bennington VT 05201
(802) 362-2240

Counsel for the State of Vermont
Robert Schwartz, Deputy Attorney General
109 State St., Montpelier VT 05602
(802) 828-3171

Counsel for the United States
William B. Gray, U.S. Attorney
P.O. Box 973, Federal Bldg., Burlington VT 05402
(802) 862-6501

Richard H. Thomas
Federal Highway Administration, U.S. Department of Transportation, Region 1
Clinton Ave. & N. Pearl St., Albany NY 12207
(518) 476-6476