COALITION FOR CANYON PRESERVATION v. BOWERS

No. CV 79-1-M.

479 F.Supp. 815 (1979)

COALITION FOR CANYON PRESERVATION, Plaintiff, v. Karl S. BOWERS, in his official capacity as Administrator, Federal Highway Administration; Brock Adams, in his official capacity as Secretary, U.S. Department of Transportation; Ronald Richards, in his official capacity as Director, Montana Department of Highways; George Vucanovich, William Kessner, Dave McNally, Baxter Larson and John Cote, in their official capacity as members of the Montana Highway Commission; Charles F. Brooks, in his official capacity as District Ranger, Hungry Horse Ranger Station, U.S. Forest Service; John A. Galloway, Defendants.

United States District Court, D. Montana, Missoula Division.

November 14, 1979.


Attorney(s) appearing for the Case

Steven J. Perlmutter, Helena, Mont., for plaintiff.

Terrence L. J. Clausen, Donald Douglas, James R. Beck, Nicholas A. Rotering, Helena, Mont., for Mont. Dept. of Highways, Ronald Richards, Vucanovich, William Kessner, Dave McNally, Baxter Larson and John Cote.

Allen McKenzie, Asst. U.S. Atty., Butte, Mont., for federal defendants Bowers, Adams and Brooks.


OPINION AND ORDER

RUSSELL E. SMITH, District Judge.

Plaintiff, which is an environmentally concerned nonprofit corporation, and has standing to sue, brings this action to enjoin the reconstruction of that portion of U.S. Highway No. 2 extending from Hungry Horse, Montana, to West Glacier, Montana, because of failure of various state and federal agencies to comply with federal and state laws designed to protect the environment.

The highway in question...

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