Continued Action on Transportation and Environment, Inc. v. Adams

No. 79-1343 (4th Cir. April 11, 1980)

The court affirms a lower court's judgment denying plaintiff's request for an injunction against further construction of an interstate highway segment outside Washington, D.C. The court upholds as amply supported by the record the district court's conclusion that the highway is being constructed in accordance with special restrictions and conditions imposed by the Secretary of Transportation's decision approving the project.

Counsel for Plaintiff-Appellant
Richard E. Crouch, David R. Rosenfeld
2007 15th St. N., Arlington VA 22201
(703) 528-6700

Counsel for Defendants-Appellees
James W. Moorman, Ass't Attorney General; Robert L. Klarquist, Judith Welch Wegner
Land and Natural Resources Division
Department of Justice, Washington DC 20530
(202) 633-2731

Walter A. McFarlane, Deputy Attorney General; John J. Beall Jr., D. Brian Costello, John M. McCarthy, Debra J. Prillaman, Ass't Attorneys General
Supreme Court Bldg., Richmond VA 23219
(804) 786-2071

Before Butzner, Widener, and Staker,^* JJ.

[10 ELR 20291]

Per curiam:

Continued Action on Transportation and Environment, Inc., a Virginia citizens' group, appeals from an adverse judgment of the district court on its request for an injunction and other equitable relief designed to stop alleged illegal construction of Highway I-66.

The complaint alleged several causes of action based on various contracts, federal law, and constitutional provisions. Underlying all of these allegations is the claim that I-66 is being constructed in violation of the special restrictions imposed by the Secretary of Transportation in the administrative proceedings required by Arlington Coalition on Transportation v. Volpe, 458 F.2d 1323 [2 ELR 20162] (4th Cir. 1972).¹ After an extensive evidentiary hearing, the district court found that the highway was being constructed in accordance with the Secretary's decision.²

The court's factual findings are amply supported by the record, and its conclusions reflect a correct understanding of the law. We find no cause for reversal in the numerous assignments of error.

AFFIRMED.

* United States District Judge for the Southern District of West Virginia, sitting by designation.

1. See also District of Columbia Federation of Civic Associations v. Adams, 571 F.2d 1310 [8 ELR 20208] (4th Cir. 1978).

2. The Secretary's Decision on Interstate Highway 66, Fairfax and Arlington Counties, Virginia, at 8, 9, 58 (Jan. 5, 1977), contained eight conditions. At issue in this case are the following:

Not construct any highway lanes in the I-66 right-of-way beyond the four which I am now approving;

Include the design elements and other features intended to minimize and compensate for adverse social and environmental impacts of the highway as set forth in the Final Four Lane Supplemental EIS, and this document, including specifically those set forth in Section V of this document (in other words, so far as possible, construction should be similar to the George Washington Parkway);

The highway has been reduced from eight lanes, as originally proposed, to four lanes. The highway will be designed so that all bridges and overpasses will accommodate four lanes of traffic, and "no provision is included that would facilitate future widening" of the roadway.