Rouse v. Lewis
Citation: 12 ELR 21102
No. No. 81-6238, 697 F.2d 296/(2d Cir., 06/29/1982)
The court affirms a district court ruling that the Federal Highway Administration (FHWA) complied with the National Environmental Policy Act and the Department of Transportation Act (DOTA) in deciding to construct a portion of a highway, Alternate Route 7. The court rules that the final environmental impact statement for the project is adequate. The court also rejects plaintiffs' claims that the FHWA violated § 4(f) of DOTA. The FWHA was not required to consider an alternative suggested by plaintiffs since the alternative failed to meet the transportation objectives of Alternate Route 7. Finally, the FHWA need not show that it took sufficient steps to minimize harm to a local school since the school was not within the jurisdiction of § 4(f).
[Appended to the opinion of the court was the following statement: "N.B. Since this statement does not constitute a formal opinion of this court and is not uniformly available to all parties, it shall not be reported, cited or otherwise used in unrelated cases before this or any other court." — Ed.]
Counsel for Plaintiffs-Appellants
Lewis B. Oliver Jr.
31 Barclay St., Albany NY 12209
Kathleen L. Morrison, Ass't Attorney General
Capitol, Albany NY 12224
Counsel for Defendants-Respondents
Albert M. Ferlo Jr.
Land and Natural Resources Division
Department of Justice, Washington DC 20530
Office of Chief Counsel
Federal Highway Administration, Washington DC 20590
Before Oakes, Meskill, and Kearse, JJ.