ELR Citation: ELR 20142
No(s). 92-6198 (10th Cir. Sep 14, 1993)

The court holds that the Federal Highway Administration (FHwA) did not violate the Transportation Act or the National Environmental Policy Act (NEPA) in deciding to provide federal funding for construction of a proposed road through, and bridge across a lake in, Boomer Lake Park. The court first holds that the FHwA complied with §4(f) of the Transportation Act, which forbids use of federal funds for a highway project involving the destruction of parkland unless there is no prudent and feasible alternative. The Oklahoma Department of Transportation (ODOT) had submitted to the FHwA an environmental assessment (EA) and a finding of no significant impact (FONSI). The Secretary of Transportation could reasonably have believed the "no-build" and "avoidance" alternatives in the EA/FONSI, neither of which would have fulfilled the project's purpose of providing an east-west transportation route through town or accommodated future traffic volumes, were imprudent. Moreover, while the Secretary's failure to consider additional alternatives was material, it was not arbitrary or capricious because the alternatives suggested by the plaintiff presented the same problems that were the basis for rejecting the alternatives considered. Also, the methods the ODOT used to project traffic volumes had a rational basis and examined the relevant factors, and the dollar figure given for road-user costs under the avoidance alternative was not arbitrary and capricious. The court next holds that the FHwA's failure to conduct an EIS did not violate NEPA regulations of the Council on Environmental Quality or the U.S. Department of Transportation. Although highway projects normally require an environmental impact statement (EIS), an EA/FONSI is not always inappropriate, and here, the FHwA took a sufficiently hard look at the increased noise and visual clutter from traffic and the effect on recreational boating in the EA/FONSI.

Counsel for Plaintiff
John R. Couch Jr.
301-123 W. 7th St., Stillwater OK 74074
(405) 377-9383

Counsel for Defendants
Katherine L. Adams
Environment and Natural Resources Division
U.S. Department of Justice, Washington DC 20530
(202) 514-2000

Dennis R. Box
Williams, Box, Forshee, Synar & Bullard
522 Colcord Dr., Oklahoma City OK 73102
(404) 232-0080

Before BALDOCK, HOLLOWAY, and BRORBY, Circuit Judges.