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National Forest Preservation Group v. Volpe

ELR Citation: 3 ELR 20036
Nos. No. 2152, 352 F. Supp. 123/4 ERC 1836/(D. Mont., 12/11/1972)

Summary judgment is granted against further construction of a federally funded highway. The court holds that the National Environmental Policy Act (NEPA) does not bar delegation to state authorities of the duty to prepare an environmental impact statement in the first instance. However, the court rules that the route in dispute has been improperly designated as "primary" and is, therefore, not entitled to federal funding.

Counsel for Plaintiffs
James H. Goetz
Box 491
Bozeman, MT

Counsel for Defendants
Otis Packwood U.S. Attorney
Billings, MT

Irwin L. Schroeder
Department of Justice
10th and Pennsylvania Avenue, NW
Washington, DC 20530