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Farmland Preservation Ass'n v. Adams

ELR Citation: 11 ELR 20063
Nos. No. C78-79, 491 F. Supp. 601/(N.D. Iowa, 06/19/1979)

The court finds that an environmental impact statement (EIS) prepared for the proposed construction of a 47.6-mile segment of I-380 in Iowa complies with the requirements of the National Environmental Policy Act and denies plaintiffs' request for injunctive relief. Emphasizing that its role is to review the procedural actions taken rather than the substantive decisions made by the Department of Transportation, the court first rules that the EIS properly disregarded the cumulative environmental impacts of the larger highway project of which the disputed segment is a part. A programmatic EIS is not required for highway segments that have independent utility and logical terminii. Second, the EIS adequately considered alternatives to the action, including the "no action" alternative. Alternatives involving substantially different highway designs are too remote to require analysis. Finally, the record shows that the EIS gave adequate attention to the likely secondary environmental impacts of the project.

[This decision was affirmed by the Eighth Circuit Court of Appeals, 10 ELR 20052 — Ed.]

Counsel for Plaintiffs
Bruce J. Terris, Edward H. Comer
1526 18th St. NW, Washington DC 20036
(202) 332-1882

Keith D. Mossman
122 E. 4th St., Vinton IA 52349
(319) 472-2396

Counsel for Defendants
James H. Reynolds, U.S. Attorney; Judith A. Redmond, Ass't U.S. Attorney
P.O. Box 4710, 226 Fed. Bldg., Cedar Rapids IA 52401
(319) 366-2411

Donald C. Vosborgh, Regional Counsel
Federal Highway Administration, Region VII
P.O. Box 19715, Kansas City MO 64141
(816) 926-7565