ELR Citation: ELR 20177
No(s). 73-C-83 (W.D. Wis. Jun 15, 1973)

The court denies a motion for preliminary injunction prohibiting defendants from approving the final environmental impact statement for an interstate highway segment and from taking any further action on the project. Plaintiffs failed to show sufficient probability of success on the merits of their claims that there is no need for the highway and that the final EIS is inadequate since it fails to fully examine alternatives and effects of the project on wildlife and bodies of water. The court also holds that plaintiffs' contentions as to various procedural deficiencies in the defendants' handling of the project are mistaken. NEPA, as implemented by PPM 20-8, did not require the Federal Highway Administration to hold new public hearings on the second EIS draft, since neither the proposed location nor the design of the highway was substantially changed after the first hearing. In addition, the fact that 26 days elapsed between the date the final EIS was filed with CEQ and the date it was presented to the public for comment did not violate PPM 90-1, since the required period of more than 30 days elapsed between public presentation and final FHwA location and design approval.

Counsel for Plaintiffs
J. Steven Winter
Olson & Winter
Two Rivers, WI 54241

Counsel for Defendants
John O. Olson U.S. Attorney
P.O. Box 112
Madison, WI 53701

Charles Bleck Asst. Attorney General
State Capitol
Madison, WI 53702