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Willamette Heights Neighborhood Ass'n v. Volpe

Citation: 2 ELR 20043
No. No. 71-641, 334 F. Supp. 990/3 ERC 1520/(D. Or., 12/03/1971)

New location hearings, design hearings and compliance with the environmental impact statement requirements of the National Environmental Policy Act (NEPA) are not necessary for a highway undertaking which was properly authorized prior to the effective dates of the Federal-Aid Highway Act of 1968 and NEPA. However, location hearings, as well as design hearings and NEPA compliance, are necessary before an extension of the formerly approved highway, which has been designated as a different interstate route, can proceed. Acquisition of right of way for this highway is enjoined pending compliance with these requirements.

Counsel for Plaintiffs
Nick Chaivoe
Peterson, Chaivoe & Peterson
1000 S.W. Third Avenue
Portland, Oregon 97204

L. A. Aschenbrenner
Marmaduke, Aschenbrenner, Merten & Saltveit
Suite 213
1008 S.W. Sixth Avenue
Portland, Oregon 97204

Counsel for Defendants
Lee Johnson Attorney General
State Office Building
Salem, Oregon 97310

L. I. Lindas
Frank C. McKinney Ass't. Attorneys General
104 State Highway Building
Salem, Oregon 97310