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CONCERNED CITIZENS ALLIANCE, INC. v. SLATER

No. 98-7462.

176 F.3d 686 (1999)

CONCERNED CITIZENS ALLIANCE, INC.; Joseph Krempasky, Appellants, v. Rodney SLATER, Secretary, U.S. Department of Transportation; Kenneth R. Wykle, Administrator, Federal Highway Administration; Bradley L. Mallory, Secretary, Pennsylvania Department of Transportation.

United States Court of Appeals, Third Circuit.

Decided May 14, 1999.

Attorney(s) appearing for the Case

Andrea C. Ferster (Argued), Washington, DC, for Appellants.

Paul W. Edmondson, General Counsel, Elizabeth S. Merritt (Argued), Associate General Counsel, Laura S. Nelson, Assistant General Counsel, National Trust for Historic Preservation, Washington, DC, for Amici Curiae.

David Barasch, U.S. Atty., Dulce Donovan, (Argued) Asst. U.S. Attorney, Harrisburg, PA, Paul A. Tufano, General Counsel, John M. Hrubovcak, Assistant Counsel, Robert J. Shea, Assistant Chief Counsel, Andrew S. Gordon, Chief Counsel Commonwealth of Pennsylvania, Department of Transportation, Office of Chief Counsel, Harrisburg, PA, for Appellees.

Before: BECKER, Chief Judge, McKEE, Circuit Judge, LEE, District Judge.

OPINION OF THE COURT

BECKER, Chief Judge.

Highways and historic districts mix like oil and water, and when a new highway must go through an historic area, historic preservationists and federal and state highway officials are likely to clash over the preferred route. Such controversies take on a legal cast as the result of Section 4(f) of the Department of Transportation Act, 49 U.S.C. § 303(c)(2) (amended by and codified at 23 U.S.C. § 138), which...

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