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Brooks v. Volpe

Citation: 2 ELR 20139
No. No. 71-1908, 460 F.2d 1193/3 ERC 1858/(9th Cir., 03/02/1972) Rev'd & remanded

Decision below, 1 ELR 20286 (W.D. Wash. 1971), denying the applicability of NEPA to an ongoing interstate highway undertaking reversed on the basis of Lathan v. Volpe, 1 ELR 20602 (9th Cir. Nov. 15, 1971). Whether a planned highway location will "use" parklands within the meaning of the parklands statute, 23 U.S.C. §138, is a question of law, and the statute will be construed broadly in cases that raise a substantial question of environmental impact on parklands. A highway that will encircle a mountain campground will use those parklands within the meaning of the statute.

Counsel for Plaintiffs
Irving M. Clark, Jr.
209 College Club Building
505 Madison Street
Seattle, Washington 98104

Counsel for Defendants
Stan Pitkin U.S. Attorney
United States Courthouse
1010 Fifth Avenue
Seattle, Washington

Before: CHAMBERS, HAMLEY and GOODWIN, Circuit Judges.