Jump to Navigation
Jump to Content

I-291 Why? Ass'n v. Burns

Citation: 5 ELR 20430
No. No. 74-1545, 517 F.2d 1077/7 ERC 2147/(2d Cir., 05/30/1975) Aff'd per curiam

The Second Circuit Court of Appeals affirms a lower court decision granting a preliminary injunction halting construction of a section of interstate highway on the grounds that the NEPA impact statement filed for the project was inadequate. Because federal funds provide 90 percent of the cost of the interstate highway, an EIS prepared solely by state officials is not prepared by "the responsible official" as required by NEPA § 102(2)(C). Air and noise impact studies which are not circulated for review and comment in accordance with NEPA will not cure inadequate treatment of such impacts in the EIS, and cannot be considered supplementary EIS's. For the district court's opinion, see 4 ELR 20230.

Counsel for Plaintiffs
Alphonse R. Noe
Haynes N. Johnson
Parmelee, Johnson and Bollinger
460 Summer St.
Stamford, Conn. 06901

Counsel for Defendants
Clement J. Kichuk Assistant Attorney General
State Capitol
210 Capitol Avenue
Hartford, Conn. 06115