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TOWNSHIP OF SPRINGFIELD v. LEWIS

No. 82-5445.

702 F.2d 426 (1983)

The TOWNSHIP OF SPRINGFIELD; Parkland Preservation Fund, a New Jersey non-profit corporation; and Watchung Nature Club, a New Jersey non-profit corporation, Appellants, v. Drew LEWIS, individually and as the present Secretary of the United States Department of Transportation; the United States Department of Transportation; Ray Barnhart, individually and as the present Federal Highway Administrator; the Federal Highway Administration; John G. Bestgen, Jr., individually and as the present Regional Administrator of Region One of the Federal Highway Administration; John S. Kessler, Jr., individually and as the Division Administrator of the New Jersey Division of the Federal Highway Administration; Louis J. Gambaccini, individually and as the Commissioner of Transportation of the New Jersey Department of Transportation; and the New Jersey Department of Transportation, Appellees.

United States Court of Appeals, Third Circuit.

Decided March 15, 1983.

As Amended March 22, 1983.

Attorney(s) appearing for the Case

David Sive (argued), Robert C. Barrett, Winer, Neuburger & Sive, New York City, for appellants.

W. Hunt Dumont, U.S. Atty., Mary Catherine Cuff, Asst. U.S. Atty. (argued), Newark, N.J., for federal appellees.

Irwin I. Kimmelman, Atty. Gen. of N.J., James J. Ciancia, Asst. Atty. Gen., Trenton, N.J., of counsel; John J. Maiorana (argued), Howard B. Epstein, Deputy Attys. Gen., Trenton, N.J., on brief for state appellees.

Before WEIS and BECKER, Circuit Judges, and VAN DUSEN, Senior Circuit Judge.

OPINION OF THE COURT

BECKER, Circuit Judge.

This case involves a challenge by environmental groups and local governmental units to the construction of a 5½ mile long, six-lane, high-speed segment of Interstate Route 78 ("I-78"), a federally financed highway scheduled to run through a 2,000-acre New Jersey park known as the Watchung Reservation. Plaintiff-appellants are the Township of Springfield, the Parkland Preservation Fund, and the Watchung Nature...

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