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Farwell v. Brinegar

ELR Citation: 3 ELR 20881
Nos. No. 73-C-90, 5 ERC 1939/(W.D. Wis., 07/26/1973)

Construction of a proposed freeway segment is enjoined because the final environmental impact statement prepared by the Department of Transportation did not sufficiently evaluate the economic costs and environmental effects of the project and its alternatives. In addition, the EIS failed to consider the alternative of improving an existing highway to expressway status, rather than relocating the proposed freeway two miles away on a parallel course, or to analyze adequately the effects of the project on air pollution in the area. Regarding the scope of the EIS, the court finds that the larger interstate freeway project, of which this 21-mile segment is a part, is as yet insufficiently developed to provide the necessary nexus to require consideration of the larger proposal in the impact statement.

Counsel for Plaintiffs
James A. Olson
Lawton & Cates
Suite 703, Tenney Building
110 E. Main Street
Madison, WI 53703

Counsel for Defendants
John O. Olson U.S. Attorney
P.O. Box 112
Madison, WI 53701

Charles A. Bleck Asst. Attorney General
State Capitol
Madison, WI 53702