Citizens Expressway Coalition, Inc. v. Lewis

No. 81-2253 (8th Cir. May 10, 1982)

The Eighth Circuit affirms the district court decision, 12 ELR 20157, which upheld the environmental impact statement (EIS) for a 25.3-mile highway bypass between Bella Vista and Fayetteville Loop in Arkansas. The court finds that the lower court adequately considered alternatives to the project and treatment of archeological sites in the EIS and adequately addressed appellants' complaint that the federal government had failed to conduct an independent study of the state plan,

Counsel are listed at 12 ELR 20157.

Before Bright, Henley, and Gibson, JJ.

[12 ELR 21155]

Per curiam:

Appellants in this case challenge an order of the district court¹ approving the environmental impact statement (EIS) filed in connection with the construction of 25.3 miles of highway in northwest Arkansas.

The Arkansas Highway Department submitted an environmental impact statement to the Federal Highway Administration (the FHA) in connection with its application for federal funds to assist in building a highway between Bella Vista and the Fayetteville Loop. After the FHA approved the EIS, appellants brought suit challenging the sufficiency of the EIS and seeking to enjoin the disbursement of federal highway funds.

Appellants challenged the scope of the EIS, alleging that it failed to consider alternatives to the proposed highway, criticized the treatment of archeological sites in the EIS, and complained that the federal government had failed to conduct an independent study to review the state plan. After considering each of these arguments the district court ultimately approved the EIS and denied the requested injunction.

On appeal, appellants present essentially the same contentions. We believe the district court properly considered these claims, and we see no need to expand on the thorough and well-reasoned opinion of the district court. We therefore affirm the judgment of the district court.

1. The Honorable Henry Woods, United States District Court for the Eastern District of Arkansas.