SIERRA CLUB v. U.S. DEPT. OF TRANSP.

No. C 86-3384 RFP.

695 F.Supp. 460 (1988)

SIERRA CLUB, et al., Plaintiffs, v. UNITED STATES DEPARTMENT OF TRANSPORTATION, et al., Defendants.

United States District Court, N.D. California.

July 7, 1988.


Attorney(s) appearing for the Case

Law Offices of Maribeth Halloran, Robert J. Breakstone, Breakstone & Cotsirilos, Law Offices of Robert M. Teets, Law Offices of William S. Curtiss, Sierra Club Legal Defense Fund, San Francisco, Cal., for plaintiffs Sierra Club, Committee for Green Foothills.

Law Offices of Alan Moss, San Francisco, Cal., for plaintiffs Tyler Ahlgren and Dana Denman.

Paul E. Locke, Asst. U.S. Atty., Land & Natural Resources Div., San Francisco, Cal., for defendant U.S. Dept. of Transp.

Christine Motley, Deputy County Counsel, County Counsel of County of San Mateo, Redwood City, Cal., for defendant County of San Mateo.


ORDER GRANTING SUMMARY JUDGMENT FOR PLAINTIFFS ON SECTION 4(f) CLAIM

PECKHAM, Chief Judge.

INTRODUCTION

On January 12, 1987, this court enjoined construction of the proposed devil's slide bypass, based on a preliminary determination that the defendants had failed to comply with section 4(f) of the Department of Transportation Act of 1966, 49 U.S.C. § 303(c) (1982), and section 18 of the Federal Aid Highway Act of 1968, 23 U.S.C. § 138...

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