MONROE COUNTY CONSERVATION COUNCIL, INC. v. VOLPE

No. 48, Docket 72-1363.

472 F.2d 693 (1972)

MONROE COUNTY CONSERVATION COUNCIL, INC., and Ray Huther, on His Own Behalf and on Behalf of All Others Similarly Situated, Plaintiffs-Appellants, v. John A. VOLPE, Individually and as Secretary of the United States Department of Transportation, Defendant-Appellee.

United States Court of Appeals, Second Circuit.

Decided December 18, 1972.


Attorney(s) appearing for the Case

Thomas R. Burns, Rochester, N. Y. (Wayne M. Harris, Rochester, N. Y., on brief), for appellants.

John D. Helm, Dept. of Justice, Washington, D. C. (Kent Frizzell, Asst. Atty. Gen., C. Donald O'Connor, U. S. Atty., John T. Sullivan, Jr., Asst. U. S. Atty., Buffalo, N. Y., and Jacques B. Gelin, Dept. of Justice, Washington, D. C., on brief) for appellee.

Before FRIENDLY, Chief Judge, and MEDINA and ANDERSON, Circuit Judges.


ANDERSON, Circuit Judge:

The Monroe County Conservation Council and other persons similarly situated seek to enjoin John Volpe, the Secretary of the United States Department of Transportation, from giving federal approval to and funding for a section of the Rochester, New York, "Outer Loop", also known as New York Route 47. The contemplated "Outer Loop" would, on completion, be approximately twenty-three miles long, running from a point near the south shore of Lake...

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