ELR Citation: ELR 20313
No(s). 73-CV-481 (N.D.N.Y. Mar 20, 1974)

The U.S. Secretary of Transportation is enjoined from constructing a federally funded bypass highway segment until a NEPA environmental impact statement has been filed and additional hearings have been held in accordance with the requirements of §128 of the Federal Highway Act. The court rules that the Secretary's grant of Plans, Specifications, and Estimates (PS&E) approval, without filing an EIS or holding new hearings in addition to those held in 1957 and 1961, clearly violates both NEPA and the Highway Act. The court quickly disposes of defendants' claims that plaintiffs lack standing and that the suit is barred by laches, and implies that the latter claim is made in bad faith. Plaintiffs have suffered irreparable injury from defendants' violation of the two statutes, and are thus entitled to injunctive relief.

Counsel for Plaintiffs
Richard A. Schechter
Urciuoli & Covino
7145 Seventh North Road
Liverpool, NY 13088

Counsel for Defendants
James M. Sullivan, Jr. U.S. Attorney
George Lowe Asst. U.S. Attorney
Federal Building
Syracuse, NY 13201

James Scouten Asst. Regional Counsel
Federal Highway Administration
4 Normanskill Boulevard
Delmar, NY 12054

Louis J. Lefkwitz Attorney General
Douglas S. Dales, Jr. Asst. Attorney General
The Capitol
Albany, NY 12224