ELR Citation: ELR 20709
No(s). 6598 (D. Vt. Jul 27, 1973)

NEPA requires that the EIS for a proposed federally funded highway be prepared by the FHwA, as the responsible federal agency and not by the state highway department. In this challenge to the Bennington to Manchester, Vermont, segment of Route 7, the court states that the EIS should cover the whole length of the Route 7 corridor from Connecticut to Vermont. The EIS already prepared otherwise satisfies the procedural and substantive requirements of NEPA, but a separate statement, under §4(f) of the DOT Act of 1966, is required for a proposed segment bordering a planned wilderness area.

Counsel for Plaintiffs
Harvey D. Carter
Williams, Whitten & Carter
Bennington, VT 05201

Haynes N. Johnson
460 Summer Street
Stamford, CT 16901

Counsel for Defendants
William S. Gray
Rutland, VT 05701

Robert C. Schwartz
Montpelier, VT 05602