D. C. FEDERATION OF CIVIC ASSOCIATIONS v. ADAMS

Nos. 77-2060 and 77-2076.

571 F.2d 1310 (1978)

D. C. FEDERATION OF CIVIC ASSOCIATIONS, Citizens Association of Georgetown, Committee of 100 on the Federal City, Arlington Coalition on Transportation, Donald H. Shannon, Helen Levitt, Elizabeth Sneeden, Appellants, v. Brock ADAMS, Secretary of Transportation, Commonwealth of Virginia, the Board of Supervisors of Fairfax County, Virginia, the Fairfax County Chamber of Commerce, Virginia Citizens for I-66, Arlington Chamber of Commerce, Citizens for I-66, The City of Manassas, Appellees. D. C. FEDERATION OF CIVIC ASSOCIATIONS, Citizens Association of Georgetown, Committee of 100 on the Federal City, Arlington Coalition on Transportation, Donald H. Shannon, Helen Levitt, Elizabeth Sneeden, Appellees, v. Brock ADAMS, Secretary of Transportation, et al., Defendants, and Commonwealth of Virginia, Appellant.

United States Court of Appeals, Fourth Circuit.

Decided March 14, 1978.


Attorney(s) appearing for the Case

Gary D. Wilson, Washington, D. C. (William T. Lake, William J. Kolasky, Jr., Christopher R. Lipsett, Bruce Maximov, Wilmer, Cutler & Pickering, Washington, D. C., Yvonne F. Weight, Alexandria, Va., Lawrence E. Smith, Courts Oulahan, Washington, D. C., Patrick A. Parenteau, Arlington, Va., Lawrence J. Latto, Washington, D. C., on brief), for appellants.

Walter A. McFarlane, Deputy Atty. Gen., Richmond, Va. (Anthony F. Troy, Atty. Gen. of Virginia, John J. Beall, Jr., Frederick M. Bruner, Debra J. Prillaman, Valentine W. Southall, Jr., Asst. Attys. Gen., Richmond, Va., Robert F. Flinn, Asst. County Atty. for Fairfax, Fairfax, Va., Robert W. Bendall, Smith & Davenport, Manassas, Va., John J. Sabourin, Jr., Hazel, Bechhorn & Hanes, Fairfax, Va., Charles Henry Smith, Tolbert, Smith, Fitzgerald & Ramsey, Arlington, Va., on brief); Carl Strass, Atty., Dept. of Justice, Washington, D. C. (Sanford Sagalkin, Deputy Asst. Atty. Gen., Raymond N. Zagone, Irwin L. Schroeder, Geoffrey A. Mueller, Attys., Dept. of Justice, Washington, D. C., on brief), for appellees.

Before HAYNSWORTH, Chief Judge, BUTZNER, Circuit Judge, and FIELD, Senior Circuit Judge


HAYNSWORTH, Chief Judge:

The proposal to build Interstate-66, in particular, the segment running from the Capital Beltway to a connection with the Theodore Roosevelt Bridge, has spawned substantial controversy and litigation. This court enjoined construction of one I-66 proposal in 1972 because the Secretary of Transportation had not complied with the applicable environmental protection statutes.1 Since that time, the proposals for building...

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