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STOP H-3 ASS'N v. DOLE

No. 82-4357.

740 F.2d 1442 (1984)

STOP H-3 ASSOCIATION, a Hawaii non-profit corporation, Life of The Land, a Hawaii non-profit corporation, Hui Malama Aina O Ko'Olau, Appellants, v. Elizabeth H. DOLE, as Secretary of the United States Department of Transportation, Ralph Segawa, as Hawaii Division Engineer, Federal Highways Administration, and Ryokichi Higashionna, as Director of the Department of Transportation of the State of Hawaii, Appellees.

United States Court of Appeals, Ninth Circuit.

Decided August 21, 1984.

Attorney(s) appearing for the Case

Boyce R. Brown, Jr., Honolulu, Hawaii, Ronald Albu, Legal Aid Soc. of Hawaii, Kaneohe, Hawaii, for appellants.

Randall Y.K. Young, Honolulu, Hawaii, Thomas H. Pacheco, Dept. of Justice, Washington, D.C., George W. Playdon, Jr., Honolulu, Hawaii, for appellees.

Before ELY, WALLACE, and REINHARDT, Circuit Judges.

ELY, Circuit Judge:

We are once again faced with environmental challenges to the proposed construction by the State of Hawaii of the remaining portion of Interstate Route H-3.1 In this skirmish, the appellants2 challenge on numerous grounds the appellees'3 approval of H-3, alleging violations of the National Environmental Policy Act of 1969, 42 U.S.C. §§ 4321-4347 (1976...

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