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Arizona Wildlife Fed'n v. Volpe

Citation: 2 ELR 20584
No. No. Civ. 72-360 Pct. WPC, 4 ERC 1637/(D. Ariz., 09/15/1972)

The United States Forest Service abused its administrative discretion in declaring that the "Lakes Area" of Coconino National Forest is not a "proclaimed recreation area" within the meaning of Section 4(f) of the Department of Transportation Act of 1968 (49 U.S.C.A. §1653(f)). Although the determination of whether an area is a recreation area of national, state, or local significance is given by the statute to the Forest Service in this instance, the Forest Service administered the "Lakes Area" as a recreation area, and it is recognized in fact as an area ofgreat significance. A preliminary injunction is issued against the construction of a highway through the area, and the Secretary of Transportation is ordered to conduct the review and findings required by Section 4(f). Defendants' allegations regarding 53 per cent completion of a grade and drain contract, and that this is the mid-segment of a highway of which both ends are completed, are without significance.

Counsel for Plaintiffs
Brown, Vlassis & Bain
222 N. Central Ave.
Phoenix, Arizona 85004
(602) 254-6033

Robert M. Kennan, Jr.
1412 16th Street, N.W.
Washington, D.C. 20005
(202) 483-1550

Counsel for Defendants
Richard K. Burke U.S. Attorney
5000 Federal Building
Phoenix, Arizona 85024
(602) 261-3131