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Friends of Marolt Park v. Department of Transp.

ELR Citation: 34 ELR 20093
Nos. No. 02-1480, (10th Cir., 09/09/2004)

The Tenth Circuit affirmed a lower court decision that the DOT did not violate NEPA by approving two highway improvement plans since the record of decision supplied a rational connection between the facts and the DOT's decision, and because the EIS indicated that the DOT took the required "hard look" at the environmental impact of its decision. Nor was the DOT's failure to issue a supplemental EIS irrational since the environmental impacts had already been considered. Determining which improvement plan minimizes harm to the publicly owned Marolt Park, if and when construction is certain, requires further voter approval under §4 of the Transportation Act, and thus is not ripe for review.