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Petterson v. Froehlke

Citation: 2 ELR 20747
No. No. 71-283, 354 F. Supp. 45/4 ERC 2031/(D. Or., 11/29/1972) Dismissed

A suit challenging the expansion of Portland International Airport and the construction of a highway and bridge is dismissed. A National Environmental Policy Act (NEPA) impact statement is unnecessary in the case of an ongoing project where no major federal action has been taken since the Act became effective. Various administrative actions, including the granting of a dredging permit by the Corps of Engineers and a certification by the Secretary of Transportation of the unavailability of a feasible and prudent alternative, are not invalid since the responsible federal officials are making re-determinations taking environmental factors into account.

Counsel for Plaintiff
Marvin B. Durning
Durning, Prince & Smith
1411 Fourth Avenue Building
Seattle, Washington 98101

Counsel for Defendant
Sidney I. Lezak U.S. Attorney
Jack G. Collins First Asst. U.S. Attorney
506 U.S. Courthouse, Box 71
Portland, Oregon 97207

Counsel for Intervenor-Defendant Port of Portland
Lofton L. Tatum
Donald J. Morgan
Wood, Wood, Tatum, Mosser & Brooke
1505 Standard Plaza
Portland, Oregon 97204