CONSERVATION LAW FOUND. v. FEDERAL HIGHWAY ADMIN.

Civ. A. Nos. 92-538B, 92-677B.

827 F.Supp. 871 (1993)

CONSERVATION LAW FOUNDATION; Audubon Society of Rhode Island; Clean Water Action; Concerned Island Residents; DOT Watch; Environment Council of Rhode Island; Save the Bay; Sierra Club; South Kingstown Neighborhood Congress; and West Side Association, Plaintiffs, v. FEDERAL HIGHWAY ADMINISTRATION; Gordon G. Hoxie, in his official capacity as Division Administrator for the Rhode Island Division of the Federal Highway Administration; Arthur E. Williams, in his official capacity as Chief of Engineers of the U.S. Army Corps of Engineers; and Dante E. Boffi, Jr., in his official capacity as Director of the Rhode Island Department of Transportation, Defendants. CONSERVATION LAW FOUNDATION; Audubon Society of Rhode Island; Clean Water Action; Concerned Island Residents; DOT Watch; Save the Bay; Sierra Club; South Kingstown Neighborhood Congress; and West Side Association, Plaintiffs, v. FEDERAL HIGHWAY ADMINISTRATION; Arthur E. Williams, in his official capacity as Chief of Engineers of the U.S. Army Corps of Engineers; and State Planning Council, Defendants.

United States District Court, D. Rhode Island.

July 30, 1993.


Attorney(s) appearing for the Case

John M. Marks, J. William W. Harsch, Providence, RI, Molly Cochran, Sullivan & Worcester, Stephen H. Burrington, Conservation Law Foundation, Boston, MA, for plaintiffs.

Michael P. Iannotti, Asst. U.S. Atty., Providence, RI, Beverly Nash, U.S. Dept. of Justice, Mary Elizabeth Ward, Environment and Natural Resources Div., U.S. Dept. of Justice, Washington, DC, for Federal defendants.

Andrew M. Hodgkin, William M. Dolan, III, Brown, Rudnick, Freed & Gesmer, Providence, RI, Thomas F. Holt, Jr., Laura Grant Schwartz, Brown, Rudnick, Freed & Gesmer, Boston, MA, for State defendants.


OPINION

FRANCIS J. BOYLE, Senior District Judge.

I. Introduction

This litigation stems from the proposed construction of the Jamestown Connector, a four-lane, divided, controlled access highway across the island of Jamestown, Rhode Island which will connect the Jamestown-Verrazzano Bridge and the Pell (Newport) Bridge.1 Jamestown Island, lies in the middle of Narragansett Bay in what is known by some as the Route 138...

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