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Adler v. Lewis

Citation: 12 ELR 20674
No. No. 79-4645, 675 F.2d 1085/18 ERC 1471/(9th Cir., 04/30/1982) Dissolution of injunction aff'd

The Ninth Circuit Court of Appeals affirms the lower court's decision to dissolve an injunction prohibiting acquisition of a right-of-way for the proposed expansion of Interstate Highway 90 between Seattle and Bellevue. The district court took the requisite "hard look" at the record in the case. Even though the project would "use" a park within the meaning of § 4(f) of the Department of Transportation Act because of its proximity to 21 different parks in its 6.9 mile length, the court upholds the Secretary of Transportation's decision to build because no feasible and prudent alternative existed. The court affirms the district court in upholding the adequacy of the environmental impact statement (EIS). The EIS was not addressed to an improperly small segment of highway, it adequately considered alternatives to the project, its completion prior to the preparation of a related transportation study did not render its data base inadequate, and it discussed the significant environmental impacts of the project thoroughly.

A concurring opinion emphasizes that any deficiencies in the § 4(f) decision documents were remedied by the EIS.

[Previous decisions in this litigation are reported at 1 ELR 20602, 2 ELR 20090, 2 ELR 20545, 4 ELR 20083 and 4 ELR 20802 — Ed.]

Counsel for Plaintiffs
Michael W. Gendler
1411 4th Ave., Seattle WA 98101
(206) 621-8868

Counsel for Defendants
Charles Secrest
Highway Licenses Bldg., 5th Floor, Olympia WA 98504
(206) 753-6126

Charles Mansfield, Ass't U.S. Attorney
1012 U.S. Cthse., Seattle WA 98104
(206) 442-7970

Before SNEED and ANDERSON, Circuit Judges, and EAST, District Judge.*