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Citizens for Balanced Env't & Transp. v. Volpe

Citation: 11 ELR 20889
No. No. 80-6148, 650 F.2d 455/16 ERC 1871/(2d Cir., 06/09/1981) Aff'd

The court rules that the district court properly upheld, 10 ELR 20763, the adequacy of an environmental impact statement (EIS) prepared for the construction of U.S. Route 7, in Connecticut. The court's role under the National Environmental Policy Act (NEPA) is to insure that the Federal Highway Administration substantially complied with the Act's procedural requirements and that the decisionmaker was well informed of the environmental impacts of the project. The court refuses to set aside the decision to construct the highway based on alleged procedural defects in the EIS. Although the agency may have omitted from the EIS certain information bearing on the action, the court rules that on the whole the agency adequately considered the relevant environmental factors and substantially met NEPA's procedural requirements. The court also finds that the district court's conclusions adopting defendants' findings were well supported by the record.

Counsel for Plaintiffs
Gregor I. McGregor
27 School St., Boston MA 02108
(617) 227-7289

Counsel for Defendants
Kenneth N. Tedford, Ass't Attorney General
Wolcott Hill Rd., Wethersfield CT 06109
(203) 566-2563

Richard Blumenthal, U.S. Attorney; George J. Kelly Jr.
P.O. Box 1824, New Haven CT 06510
(203) 432-2108

Counsel for Defendant-Intervenor
Francis J. McNamara Jr., Gary A. MacMillan
Cummings & Lockwood
10 Stamford Forum, Stamford CT 06904
(203) 327-1700

Joined by Mansfield and Mulligan,* JJ.