BROOKS v. VOLPE

No. 71-1908.

460 F.2d 1193 (1972)

Richard J. BROOKS, a citizen, et al., Appellants, v. John A. VOLPE, as Secretary of the United States Department of Transportation, et al., Appellees.

United States Court of Appeals, Ninth Circuit.

Rehearing Denied May 8, 1972.


Attorney(s) appearing for the Case

Irving M. Clark, Jr. (argued), Seattle, Wash., for appellants.

Thomas R. Garlington, Asst. Atty. Gen. (argued), Slade Gorton, Atty. Gen., James P. Walsh, Asst. Atty. Gen., Tumwater, Wash., George M. Hyde (argued), Dept. of Justice, Shiro Kashiwa, Asst. Atty. Gen., Civ. Div., Washington, D. C., for appellees.

Before CHAMBERS, HAMLEY and GOODWIN, Circuit Judges.


ALFRED T. GOODWIN, Circuit Judge:

Individual and corporate plaintiffs appeal from a judgment dismissing their action against state and federal officials to stop the construction of a segment of Interstate Highway I-90 because of noncompliance with the National Environmental Policy Act of 1969, 42 U.S.C. §§ 4321, 4331-4335, 4341-4347 (NEPA).

The district court held that the NEPA provisions did not apply...

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