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Named Individual Members of the San Antonio Conservation Soc'y v. Texas Highway Dep't

ELR Citation: 1 ELR 20069
Nos. No. 1101, 400 U.S. 968/2 ERC 1083/(U.S., 12/21/1970) Prejudgment review denied, stay dissolved

Petition for certiorari before judgment denied, and stay of construction of two segments of an interstate highway in a public park in San Antonio, Texas (granted by the Court on Dec. 7, 1970), dissolved. No majority opinion was filed. Justices Black, Douglas and Brennan, in dissent, express concern that two federal statutes designed to prevent unwarranted destruction of public parklands, the Federal Aid Highway Act, 23 U.S.C. §138, and the National Environmental Policy Act, 42 U.S.C. §4332(c), have been contravened by the Secretary of Transportation's August 13, 1970, "final approval" of the highway segment sitings without marking formal findings about possible and prudent alternatives nor preparing and filing an environmental impact statement with the Council on Environmental Quality. Consequently, the dissenters would continue the stay and grant the petition for certiorari.

Counsel for Petitioners:
Oliver B. McClellan
Clark, Thomas, Harris, Denius & Winters
12th Floor Capital National Bank Building
Austin, TX 78701
(512) 472-8442

Counsel for Federal Respondents:
Erwin N. Griswold Solicitor General
Department of Justice
Washington, DC 20530
(202) 737-8200

Counsel for State Respondents:
Samuel D. McDaniel
608 Brown Building
Austin, TX 78701
(512) 472-6211