Jump to Navigation
Jump to Content

Committee to Stop Route 7 v. Volpe

Citation: 2 ELR 20610
No. No. 15,054, 4 ERC 1681/(D. Conn., 09/06/1972) Denying motion to amend

In this opinion the court denied all motions to amend the judgment of July 7, 1972, (2 ELR 20446) enjoining construction of relocated Connecticut Route 7 until preparation of an environmental impact statement. The court ruled that plaintiff was not entitled to attorneys' fees since 28 U.S.C. § 2412 prohibits the award of costs against the United States unless specifically authorized by Congress, and the state defendants in this case played too minor a role to be liable for such fees. The court further ruled that it was premature to determine the lawfulness of the procedure the federal defendants plan to use in preparing the environmental impact statement. It would be proper to rule on the procedure only after it is completed. State defendants introduced several motions to exempt certain activities from the coverage of the injunction, all of which the court denied as unlawful, premature, or not within the scope of the injunction.

Counsel for Plaintiffs
Haynes N. Johnson
Alphonse R. Noe
Bryan, Parmelle, Johnson & Bollinger
460 Summer Street
Stamford, Conn. 06901

Counsel for Federal Defendants
Henry S. Cohn Ass't U.S. Attorney
450 Main Street
Hartford, Conn. 06103

Counsel for State Defendants
Clement J. Kichuk Ass't Attorney General
Rm. 543
State Office Building
Hartford, Conn. 06115