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Stop H-3 Ass'n v. Volpe

Citation: 2 ELR 20648
No. No. 72-3606, 349 F. Supp. 1047/4 ERC 1684/(D. Haw., 10/04/1972)

In an action for an injunction against the construction of a highway through two pristine Oahu jungle valleys, conservationists and defendant highway officials enter a stipulation under which defendants will be allowed to proceed with nearly completed end segments of the highway with, however, independent environmental review, but will cease right-of-way acquisition, letting of contracts, and construction of the environmentally important middle section pending a judicial determination of the adequacy of an environmental impact statement on the project. The remaining issue is whether an injunction should issue against design and engineering studies while the impact statement is being litigated. The injunction is granted, but the district court suspends its operation within a week upon notice of appeal by one of the defendants to the Ninth Circuit, alleging irreparable injury would result from the operation of the injunction pending appeal.

Counsel for Plaintiffs
Michael R. Sherwood
Hart, Sherwood, Leavitt, Blanchfield & Hall
Suite 433 Dillingham Building
735 Bishop Street
Honolulu, Hawaii 96813

Boyce R. Brown, Jr.
Mattoch, Edmunds, Kemper & Brown
908 Castle & Cookee Building
Honolulu, Hawaii 96813

Counsel for Defendants
George Pai Attorney General, State of Hawaii
Warren H. Higa Deputy Attorney General
Hawaii State Capitol
Honolulu, Hawaii 96813

Robert K. Fukuda United States Attorney
Jon T. Miho Assistant United States Attorney
Room 320, Federal Building
Honolulu, Hawaii 96813