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Benton Franklin Riverfront Trailway & Bridge Comm. v. Lewis

ELR Citation: 13 ELR 20580
Nos. No. 81-3617, 701 F.2d 784/(9th Cir., 03/15/1983)

The court rules that the Secretary of Transportation acted arbitrarily by failing to prepare an adequate §4(f) statement under the Department of Transportation Act concerning the existence of feasible and prudent alternatives to demolition of an historic bridge. The court rules that the committee is within the zone of interests protected by §4(f) and therefore has standing to challenge the feasibility determination. Further, the court holds that the bridge is a significant historic site for which a §4(f) statement must be prepared because the bridge was declared eligible for inclusion in the National Register of Historic Places. Moreover, removal of the bridge is a use of "land from an historic site." The court concludes that the Secretary acted arbitrarily in concluding that there were no feasible and prudent alternatives. The Secretary failed to consider the alternative suggested by appellant of federal funding for preserving the bridge.

Counsel for Appellant
Gary N. Jardine
Jardine & Foreman
P.O. Box 3125, Wenatchee WA 98801
(509) 662-9602

Counsel for Appellees
Carroll Gray, U.S. Attorney
P.O. Box 1494, Spokane WA 92210
(509) 456-3811

Greg A. Rubstello
Pasco City Attorney
P.O. Box 293, Pasco WA 99301
(509) 545-3406

Before SNEED, ANDERSON, and REINHARDT, Circuit Judges.