ELR Citation: ELR 20009
No(s). 73-1158 (10th Cir. Sep 19, 1973)

The court upholds a grant of summary judgment for defendants and affirms the lower court's ruling that the EIS for a proposed highway segment adequately fulfills the requirements of NEPA even though it was prepared by the state high way department. The state agency consulted with federal agencies while preparing the statement, which was reviewed by the Secretary of Transportation and adopted by the FHwA as its own. The analysis of alternatives in the EIS is sufficient to allow a reasoned choice, and the statement evidences an awareness of the problems of air and noise pollution associated with the project. The court also finds that the equivalent of a corridor hearing was held in 1959. The requirements of PPM 20-8 are therefore met, and a new corridor hearing is not necessary. For the district court's opinion, see 3 ELR 20077.

Counsel for Plaintiffs
William H. Pickett
801 Trader's Bank Building
1125 Grand Avenue
Kansas City, MO 64106

Counsel for Defendants
Terrence L. O'Brien
Department of Justice
Washington, DC 20530

Robert J. Roth U.S. Attorney
Federal Building
Topeka, KS 66603

Donna Munn Heller
State Highway Commission
State Office Building
Topeka, KS 66612

Counsel for Intervenor City of Overland Park, Kansas
Wright W. Crummett
8500 Santa Fe Drive
Overland Park, KS 66202