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La Raza Unida v. Volpe

Citation: 1 ELR 20642
No. No. C-71-1166-RFP, 337 F. Supp. 221/3 ERC 1306/(N.D. Cal., 11/08/1971) Preliminary injunction issued

Implementation of plans to construct a primary highway, including acquisition-of-way, enjoined pending compliance with the Uniform Relocation and Assistance Act of 1970, the Noational Environmental Policy Act of 1969 and provisions of federal highway statutes which prohibit the unwarranted destruction of parklands. Although federal funds have not been sought by the state, Federal Highway Administration approval of location has been obtained and this highway undertaking is eligible for federal aid highway funds. To assure the adequate relocation of persons displaced by federally funded highways and the protection of environmental values threatened by such undertakings, the requirements of federal relocation and environmental statutes must be satisfied as early in the planning process as possible. As nearby residents and users of the parklands, plaintiffs have standing to raise the environmental issues in this case, and because they allege that defendants have exceeded their statutory authority, this suit is not prevented by sovereign immunity. This suit is properly brought as a class action.

Counsel for Plaintiffs
Mario O. Bledo
Miguel Mendez
Mexican-Anerican Legal Defense
and Educational Fund
145 Minth Street
San Francisco, California 94103
(415) 626-6196

Vernon W. Salvador
Roberto Genzalez
Stephen Ronfeldt
Legal Aid Society of Alameda County
Oakland, California

Gilbert Martinez Dorame
Centro Legal de La Raza
3827 East 14th Street
Oakland, California 94609

J. Anthony Kline
Public Advocates, Inc.
433 Turk Street
San Francisco, California 94102
(415) 441-8850

Stephen P. Berzon
National Housing and Economic Development Law Project
Earl Warren Legal Institute
Berkeley, California 94720
(415) 642-1840

Phil S. Berry
Frederick Fisher
The Sierra Club
1050 Mills Tower
San Francisco, California 94104
(415) 981-8634

Counsel for Defendants
Francis Boane
Asst. U.S. Attorney
450 Golden Gate Avenue
San Francisco, California 94102
(415) 556-1126