ELR Citation: ELR 20038
No(s). 73-C-112 (W.D. Wis. May 11, 1973)

A preliminary injunction is issued against further construction of a federally funded highway segment which received design approval prior to Feb. 1, 1971, even though according to FHwA's transitional guidelines no EIS was required. The court rules that this administrative guideline for determining whether U.S. Environmental Protection Agency (EPA) compliance is required of an ongoing project is invalid, since the deadline is arbitrary and serves to frustrate the basic purpose of the statute. The court then holds that an EIS was required since the segment is separable from substantially completed portions of the highway, and had not, at the time of EPA's passage and even as late as Jan. 1, 1972, reached the stage of completion where the cost of abandoning or altering the proposed project clearly outweighed the benefit which would flow from compliance with the requirements of §102. Construction is enjoined after the court finds that the segment, which will run through a marsh inhabited by waterfowl and pass near many homes, would if completed damage the environment irreparably.

Counsel for Plaintiffs
Raymond E. Schrank, II
Dan G. Graff
106 E. Doty St.
Madison, WI 53703

Counsel for Defendants
John O. Olson U.S. Attorney
P.O. Box 112
Madison, WI 53701

Charles A. Bleck Asst. Attorney General
State Capitol
Madison, WI 53702