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Citizens for Balanced Env't & Transp. v. Secretary of Transp.

Citation: 10 ELR 20763
No. No. 15054, 515 F. Supp. 151/14 ERC 1993/(D. Conn., 07/18/1980) Injunction dissolved

The court vacates an injunction, 2 ELR 20446, against construction of a federally funded expressway, finding that the environmental impact statement (EIS) for the project adequately complied with §102(2)(C) of the National Environmental Policy Act. Following issuance of the injunction in 1972, defendants prepared an EIS, which was approved by the Federal Highway Administration in 1978. After laying out the standards for judicial review of an EIS, the court turns to plaintiffs' objections to the EIS ruling that its evidence in support of the alternative of upgrading the present highway was not rehabilitated in the face of defendants' challenge and did not show that the EIS was incorrect. The court finds that defendants' discussion of alternatives was adequate and accepts its conclusion as the most viable alternative. Thus, defendants' motion to vacate the injunction is granted.

Counsel for Plaintiffs
Haynes N. Johnson
Parmelee, Johnson, Bollinger & Bramblett
460 Summer St., Stamford CT 06901
(203) 327-2650

Harvey D. Carter Jr.
Witten & Carter
100 South St., Bennington VT 05201
(802) 442-6324

Counsel for Defendants
Richard Blumenthal, U.S. Attorney
270 Orange St., New Haven CT 06510
(203) 432-2108