ELR Citation: ELR 20243
No(s). 70-869-M (D. Mass. Apr 16, 1971)

Section 102 of the National Environmental Policy Act of 1969 (NEPA) does not require federal officers to review or modify existing plans for a federally funded highway where the location and design of the challenged highway had been approved, the location excavated, a construction contract approved, and construction begun prior to NEPA's effective date. The federal officers approval of the highway, without requiring the state highway department to hold public hearings on the social and environmental effects of the location of the highway, does not invalidate that approval. The amendment to the Federal Highway Act requiring a public airing of social and environmental effects was passed after the state had already held hearings on the economic effect of the highway's location, and Congress did not intend the amendment to be retroactive. The state highway department's failure to conduct design hearings, pursuant to a Federal Bureau of Public Roads' Regulations does not violate federal approval of the highway, because the regulation was promulgated after the design had been "approved" and was not intended to have retroactive effect.

Counsel for Plaintiff:
Melvyn Zarr
135 Marlboro Street
Boston, MA 02109
(617) 262-0591

Counsel for Defendants:
Richard L. Siegel
Richard Murphy
Herman Snyder
James Gabriel Asst. U.S. Attorneys
1107 Post Office Bldg.
Boston, MA 02109
(617) 223-3258

Herbert P. Gleason Corporation Counsel
1 City Hall Square
Boston, MA 02109
(617) 772-4100

Thomas F. August City Solicitor
City Hall
Somerville, MA 02143
(617) 722-4100