Northside Tenants' Rights Coalition v. Volpe

No. 72-C-300 (E.D. Wis. January 17, 1973)

The court modifies its judgment of July 20, 1972, reported at 2 ELR 20553, pursuant to a stipulation. It amends its order to provide that the required environmental impact statement may be prepared by state and local officials provided that the Federal Highway Administration participates.

Counsel for Plaintiffs
Brian A. Jeffrey
Freedom Through Equality, Inc.
152 West Wisconsin Avenue
Milwaukee, Wisconsin 53203

Counsel for Federal Defendants
David J. Cannon U.S. Attorney
362 Federal Building
Milwaukee, Wisconsin

Counsel for State Defendants
Richard E. Barrett Assistant Attorney General
114 East-State Capitol
Madison, Wisconsin 53702

James Boniface Assistant Corporation Counsel
303 Milwaukee County Courthouse
Milwaukee, Wisconsin 53233

[3 ELR 20154]

Reynolds, C.J.

A status conference was held on October 4, 1972, before the Honorable John W. Reynolds, United States District Judge presiding, and all parties appearing by counsel, and the Court having considered the Motion of the defendants Volpe, Turner and Paddock requesting a rehearing, and the matter having been discussed by counsel.

IT IS STIPULATED that the portion of the Court's Opinion dated July 20, 1972, relating to the preparation of the impact statement is amended to provide that the environmental impact statement may be prepared by state and local officials and that the requirement of the National Environmental Policy Act of 1969 is satisfied as long as the Federal Highway Administration participates in the preparation of the environmental impact statement in accordance with P.P.M. 90-1, dated September 7, 1972.

ORDER

Upon the above Stipulation,

IT IS HEREBY ORDERED that the preparation of the environmental impact statement referred to in page 9 of the Opinion of this Court dated July 20, 1972, be and hereby is amended to permit state and local officials to physically prepare the materials for the impact statement and the requirements of the National Environmental Policy Act of 1969 are satisfied as long as the Federal Highway Administration participates in the preparation of the environmental impact statement in accordance with P.P.M. 90-1, dated September 7, 1972.