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ARLINGTON COALITION ON TRANSPORTATION v. VOLPE

No. 71-2109.

458 F.2d 1323 (1972)

ARLINGTON COALITION ON TRANSPORTATION et al., Appellants, v. John A. VOLPE, Secretary of Transportation, et al., Appellees.

United States Court of Appeals, Fourth Circuit.

Decided April 4, 1972.

As Modified May 9, 1972.

Attorney(s) appearing for the Case

Lawrence J. Latto, Washington, D. C. (Donald S. Burris, Hardy L. Wieting, Jr., and Shea & Gardner, Washington, D. C., on brief), for appellants.

Robert S. Lynch, Atty., Dept. of Justice (Shiro Kashiwa, Asst. Atty. Gen., and Edmund B. Clark, Atty., Dept. of Justice, and Brian P. Gettings, U. S. Atty., James R. Tate, Asst. U. S. Atty., and Dowell H. Anders, Washington, D. C., Deputy Chief Counsel, Federal Highway Administration, on brief), for federal appellees.

Stuart H. Dunn, Asst. Atty. Gen. of Va. (Andrew P. Miller, Atty. Gen., and Vann H. Lefcoe, Asst. Atty. Gen., on brief), for appellee Douglas B. Fugate, Commissioner.

Arthur B. Vieregg, Jr., Fairfax, Va., on brief for appellee, Fairfax County Chamber of Commerce, Inc.

Robert Funicello, Washington, D. C., on brief for amicus curiae, The Wilderness Society.

Before CRAVEN and BUTZNER, Circuit Judges, and YOUNG, District Judge.

CRAVEN, Circuit Judge:

This is an ecology case. It is the declared public policy of the United States to protect and preserve the national environment "to the fullest extent possible." National Environmental Policy Act of 1969, 42 U.S.C.A. § 4332 (NEPA). The NEPA is a value judgment by the Congress that in order to "foster and promote the general welfare" each generation of Americans must, beginning now, act "as trustee of the environment for succeeding generations...

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