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Brooks v. Coleman

Citation: 5 ELR 20444
No. No. 74-3200, 518 F.2d 17/7 ERC 2150/(9th Cir., 06/09/1975) Aff'g dissolution of injunction

The revised environmental impact statement for the construction of an additional three lanes of Interstate Highway I-90 through Snoqualmie Pass 45 miles east of Seattle complies with the requirements of NEPA; it adequately describes viaduct-type alternatives to the planned project design. Certain unique problems inherent in a German viaduct design, such as increased noise impacts on adjacent picnic and nature trail areas, intensified icing, and the absence of examples of its successful use in the United States, justify the lower court's decision that the defendant did not violate §4(f) of the Department of Transportation Act by taking parkland for highway purposes in the face of a "feasible and prudent" alternative. The district court's dissolution of an injunction against further construction is affirmed. For the district court's opinion, see 5 ELR 20001. For earlier opinions in this litigation, see 3 ELR 20211, 2 ELR 20704, and 2 ELR 20139.

Counsel for Plaintiffs
Irving M. Clark, Jr.
J. Richard Aramburu
209 College Club Building
505 Madison Street
Seattle, Wash. 98104

Counsel for Federal Defendants
George R. Hyde
Edmund B. Clark
Wallace H. Johnson Asst. Attorney General
Department of Justice
Washington, D.C. 20530

Counsel for State Defendants
Charles F. Secrest Asst. Attorney General
Slade Gordon Attorney General
State of Washington
Fifth Floor
Highways-Licenses Building
Olympia, Wash. 98504