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STOP H-3 ASS'N v. DOLE

No. 87-2204.

870 F.2d 1419 (1989)

STOP H-3 ASSOCIATION, a Hawaiian non-profit corporation; Life of the Land, a Hawaiian non-profit corporation; Hui Malama Aina O Ko'Olau, Plaintiffs-Appellants, v. Elizabeth DOLE, as Secretary of the United States Department of Transportation; William R. Lake as Hawaii Division Engineer, Federal Highways Administration; and Edward Hirata, as Director of the Department of Transportation of the State of Hawaii, Defendants-Appellees.

United States Court of Appeals, Ninth Circuit.

Decided March 20, 1989.

Attorney(s) appearing for the Case

Boyce R. Brown, Jr., Brown, Johnston & Day, Honolulu, Hawaii, for plaintiffs-appellants.

Kathryn A. Oberly, Sp. Deputy Atty. Gen., State of Hawaii, Mayer, Brown & Platt, Washington, D.C., for defendants-appellees.

Before SCHROEDER, PREGERSON and BRUNETTI, Circuit Judges.

PREGERSON, Circuit Judge:

I. BACKGROUND

This appeal involves the construction of an interstate highway project in Hawaii which has been the subject of litigation now spanning some sixteen years.1 The litigation began in 1972, when the Stop H-3 Association sought permanently to enjoin construction of the highway, known as the H-3 project, out of concern for its impact on the environment...

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