ELR Citation: ELR 20286
No(s). 9144 (W.D. Wash. Apr 6, 1971)

A federal district court has jurisdiction under Administrative Procedure Act and also under general federal question jurisdiction where complaint alleges that the Secretary of Transportation has failed to comply with the Federal-Aid Highway Act and the National Environmental Policy Act of 1969 (NEPA). Individuals alleging use of area affected by the challenged Interstate Highway have standing to question the legality of the Secretary's actions, but conservation organizations whose organizational purposes are to protect scenic, recreational and wilderness values do not. The suit is dismissed because NEPA and the federal highway statutes' parklands provisions are not applicable and were not violated.

Counsel for Richard J. Brooks:
Irving M. Clark, Jr.
209 College Club Building
505 Madison Street
Seattle, WA 98104
(206) 682-5460

Counsel for John A. Volpe and the United States of America:
Stan Pitkin U.S. Attorney
Albert E. Stephen First Asst. U.S. Attorney
United States Courthouse
1010 Fifth Avenue
Seattle, WA
(206) 583-4735