ELR Citation: ELR 20776
No(s). HM81-2227 (D. Md. Mar 21, 1983)

The court rules that the Secretary of Transportation complied with §4(f) of the Department of Transportation Act and the National Environmental Policy Act (NEPA) in selecting an alternative for a segment of the National Freeway through a state forest in Maryland. Under §4(f), the Secretary's choice of alternatives was not arbitrary and capricious since the administrative record indicates that it was based on all relevant factors. The Secretary reasonably concluded that there were no prudent alternatives to the selected route. Although the selected alternative sacrifices parkland to favor historic sites, §4(f) does not require the Secretary to protect parkland more than historic sites or other §4(f)-protected properties. The Secretary also reasonably concluded that adequate mitigation measures had been included in the planning process.

Ruling on the NEPA claims, the court concludes that the highway project was not improperly separated in the planning process from the two completed sections of the highway it connects. The project is a natural segment of the larger program, and it has independent utility. Although it does not connect major termini, the termini are logical, and the selected segment is large enough to be the subject to an environmental impact statement (EIS) and to permit adequate consideration of alternatives. The court also rules that the EIS includes an adequate discussion of alternatives. In addition, the Secretary did not violate Department regulations by failing to recirculate the draft EIS for public review although several years had passed since it was first circulated. Also, the court rules that the Secretary adequately considered significant impacts of the project, and was not constrained to choose the alternative with the least environmental impact.

Counsel for Plaintiffs
Monroe Jon Mizel
3720 Farragut Ave., Kensington MD 20895
(301) 946-2900

Counsel for Defendants
Patricia J. Beneke
Land and Natural Resources Division
Department of Justice, Washington DC 20530
(202) 633-5396

Deborah A. Dull, James Scouten
Office of the Chief Counsel
Federal Highway Administration, Washington DC 20590
(202) 426-0800

Stephen H. Sachs, Attorney General; Francis J. Locke, Jeanne D. Hitchcock, Dorothy Beatty, Robert B. Harrison III, Louisa Goldstein
Department of Law, One S. Calvert Bldg., Baltimore MD 21202
(301) 576-6300