ELR Citation: ELR 20780
No(s). 73-2289 (5th Cir. Aug 31, 1973)

The court affirms a lower court ruling denying injunctive or declaratory relief against a proposed interstate highway route through land protected by §4(f) of the Department of Transportation Act of 1966. Plaintiffs failed to show that the route proposed by the government would not minimize environmental harm, and the alternative route proposed by plaintiffs is not a "feasible and prudent alternative" within the meaning of 49 U.S.C. §1653(f) since it also makes use of land protected by the Act. For district court opinion see 3 ELR 20433.

Counsel for Plaintiffs
Hugh G. Head, Jr.
410 Carnegie Building
Atlanta, GA 30301

Counsel for Defendants
Marion O. Gordon Asst. Attorney General
132 State Judicial Building
Atlanta, GA 30334

Beverly B. Bates U.S. Attorney
P.O. Box 912
Atlanta, GA 30301

Neil T. Proto Asst. Attorney General
Department of Justice
Washington, DC 20530