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Davis, City of v. Volpe

Citation: 3 ELR 20890
No. No. Civil S-2598, 5 ERC 1873/(E.D. Cal., 08/13/1973)

Summary judgment is granted against the Department of Transportation and an injunction issued against further construction on an interstate highway interchange since plaintiff city was not afforded an opportunity to participate in a design hearing as required by §23 of the 1968 Federal Aid Highway Act and FHwA PPM 20-8. The court rules, without elaboration, that plaintiff lacks standing under either NEPA or the California Environmental Quality Act to challenge the interchange project on the basis of adverse effects on the city's environment and water supply. Decision is postponed on plaintiff's claim for attorney fees.

Counsel for Plaintiff
David Pesonen
Garry, Dreyfus, McTernan & Brotsky
Suite 501
341 Market Street
San Francisco, California 94105

Counsel for Defendants
D. Dwayne Keys U.S. Attorney
William B. Schubb Asst. U.S. Attorney
650 Capitol Mall
Sacramento, California 95814

Elias D. Bartas
P.O. Box 1499
Sacramento, California 95814

Counsel for Intervenor The Hawaiian Corporation
Chester A. Rogaski
Newman, Robinson & Dunn
241 Georgia Street
Vallejo, California 94590