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Daly v. Volpe

ELR Citation: 4 ELR 20568
Nos. No. 9490, 376 F. Supp. 987/6 ERC 1826/(W.D. Wash., 05/20/1974) Dissolving injunction

The court dissolves an injunction against construction previously granted for inadequacy of an interstate highway segment's environmental impact statement. The court, on application by the defendant Volpe, finds that the newly-submitted impact statement complies with the procedural requirements of NEPA and is neither arbitrary nor capricious in its balancing of costs and benefits. The court rejects plaintiff's request for an "umbrella" impact statement because the segment considered has logical termini, is independently justified, and provides adequate opportunity for consideration of alternate routes. The court asserts that the impact statement is adequate in depth because while not every potential environmental consideration has been discussed, the key quantifiable effect of the project are included in the statement. See also 1 ELR 20242; 2 ELR 20443; 3 ELR 20032.

Counsel for Plaintiff
Irving M. Clark, Jr.
Richard Aramburu
209 College Club Bldg.
505 Madison Street
Seattle, WA 98104

Counsel for Defendant
Albert E. Stephen Asst. U.S. Atty.
U.S. Courthouse
Seattle, WA 98104

Thomas R. Garlington
5800 Capitol Blvd.
Tumwater, WA 98502

Robert B. Rutledge
Regional Counsel
Federal Highway Administration
222 S.W. Morrison
Portland, OR 97204