CONSERVATION SOCIETY, ETC. v. SECRETARY OF TRANSP.

Civ. A. No. 6598

362 F.Supp. 627 (1973)

The CONSERVATION SOCIETY OF SOUTHERN VERMONT, INC., et al. v. SECRETARY OF TRANSPORTATION et al.

United States District Court, D. Vermont.

July 27, 1973.


Attorney(s) appearing for the Case

Frederick Pope, Jr., Bellows Falls, Vt., for Conservation Society of Southern Vermont.

Harvey D. Carter, Jr., Bennington, Vt., for Winslow, Eldred, Van Keuren and Wasco individually.

George W. F. Cook, U. S. Atty., Rutland, Vt., for Secretary of Transp. and Federal Highway Administration.

Robert C. Schwartz, Asst. Atty. Gen., Montpelier, Vt., for Vermont State Highway Board and Vermont Highway Dept.

Angus Macbeth, New York City, and William F. Morrill, Lakeville, Conn., for The Natural Resources Defense Council, Inc.; Environmental Defense Fund; The Sierra Club; Berkshire Litchfield Environmental Council, Inc.; Citizens for Balanced Transportation and Environment, Inc., The Hoosic River Basin Citizens Environmental Protection Assn.; Housatonic Valley Assn.; The Lake Champlain Committee; South Berkshire Research; Western Mass. Public Interest Research Group; Vermont Public Interest Research Group, amici curiae.


FINDINGS OF FACT, OPINION and ORDER

OAKES, Circuit Judge.

The above entitled action came on for hearing on the motion by the defendants Secretary of Transportation and David B. Kelley, Division Engineer, Federal Highway Administration (FHWA) (hereinafter the "federal defendants") and H. James Wallace et al. (hereinafter the "state defendants"), filed jointly on March 20, 1973, for an order dissolving this court's injunction of October 26, 1972. See

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