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Kisner v. Butz

Citation: 2 ELR 20709
No. No. 71-127-E, 350 F. Supp. 310/4 ERC 1692/(N.D. W. Va., 10/27/1972)

The completion of the connecting and final segment of a Forest Service road in the Monongahela National Forest is not a major federal action within the meaning of NEPA, and, therefore, the Supervisor of the National Forest acted correctly by proceeding with the project without first filing an environmental impact statement. Further, his determination that the project did not significantly affect the environment was correct, and his decisionmaking process was not arbitrary or capricious. The 4.3-mile segment of the road in question is the completion of a road project that has been in existence and extensively used by the public for as long as thirty years. The connecting link will not, according to the most dependable testimony presented, contribute to an immediate, commanding or powerful increase in the usage of either the existing or connecting roadway or the immediate area of the National Forest. Plaintiffs' action for injunctive and declaratory relief is dismissed.

Counsel for Plaintiffs
Willis Shay
Patrick D. Beem
Steptoe & Johnson
Union Bank Building
Clarksburg, West Virginia 26301

Counsel for Defendants
Paul C. Camilletti U.S. Attorney
Federal Building
Wheeling, West Virginia 26004