ELR Citation: ELR 20162
No(s). C-4176 (D. Colo. Jan 8, 1973)

Partial injunctive relief is granted in a suit challenging the construction of the substantially complete five-mile Forty-Seventh Street Bypass, on the ground that responsible officials failed to file a National Environmental Policy Act (NEPA) impact statement. The court holds that the limited general approval necessary for secondary highways constitutes "major federal action." The court denies injunctive relief with respect to the northernmost four miles because the authorities have agreed to file an impact statement. It granted relief with respect to the remaining mile on a suspended basis, pending the filing of a draft statement within 45 days.

Counsel for Plaintiffs
Lawrence C. Rider
2260 Baseline Road #201
Boulder, CO 80302

H. Anthony Ruckel
Sierra Club Legal Defense Fund
508 Majestic Building
Denver, CO

Counsel for Defendants
Joseph Montano Assistant Attorney General
State Highway Department
4201 East Arkansas Avenue
Denver, CO 80222

Charles W. Johnson
U.S. Attorney's Office
U.S. Courthouse
1929 Stout Street
Denver, CO

Richard O. Jones
Regional Council
Federal Highway Administration
Building 40
Denver Federal Center
Denver, CO 80225

Walter Wagenhals
City Attorney
Municipal Building
Boulder, CO 80302

David G. Hill
John Purvis
1227 Spruce
Boulder, CO 80302

Donald M. Burkhardt
Denver Club Building
Denver, CO 80202

Tom Gibb
State Highway Department
4201 East Arkansas Avenue
Denver, CO 80222