D. C. FEDERATION OF CIVIC ASSOCIATIONS, INC. v. VOLPE

No. 23870.

434 F.2d 436 (1970)

D. C. FEDERATION OF CIVIC ASSOCIATIONS, INC., et al., Appellants, v. John A. VOLPE et al.

United States Court of Appeals, District of Columbia Circuit.

Decided April 6, 1970.


Attorney(s) appearing for the Case

Mr. Roberts B. Owen, Washington, D. C., with whom Mr. Gerald P. Norton, Washington, D. C., was on the brief, for appellants.

Mr. Thomas L. McKevitt, Attorney, Department of Justice, with whom Messrs. Thomas A. Flannery, U. S. Atty., Joseph M. Hannon, Asst. U. S. Atty., and Edmund B. Clark, Attorney, Department of Justice, were on the brief, for federal appellees.

Mr. John R. Hess, Asst. Corporation Counsel for the District of Columbia, with whom Messrs. Charles T. Duncan, Corporation Counsel, Hubert B. Pair, Principal Asst. Corporation Counsel, and Richard W. Barton, Asst. Corporation Counsel, were on the brief, for District of Columbia appellees.

Messrs. Bruce L. Montgomery and Richard J. Wertheimer, Washington, D. C., filed a statement on behalf of Sierra Club, et al., as amici curiae.

Before BAZELON, Chief Judge, and WRIGHT and MacKINNON, Circuit Judges.


J. SKELLY WRIGHT, Circuit Judge:

This suit concerns the interpretation of Section 23 of the Federal-Aid Highway Act of 1968.1 In that section Congress directed the District of Columbia government and the Secretary of Transportation to construct certain of the remaining portions of the Interstate Highway System in the District. Among the projects mentioned in the Act was the Three Sisters Bridge, a proposed span across the Potomac River...

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