ELR Citation: ELR 20307
No(s). 88-2080 (6th Cir. Dec 15, 1989)

The court holds that the trial court properly dismissed claims under the Department of Transportation Act (DOTA), the National Historic Preservation Act (NHPA), and the National Environmental Policy Act (NEPA) challenging a highway widening project because the project is not primarily federal. The project, which would move a U.S. highway closer to a landmark community of preserved cottages in Bay View, Michigan, does not comply with the DOTA, NHPA, and NEPA planning and public comment requirements for road construction. The court holds that the DOTA §4(f), NHPA, and NEPA requirements do not apply to what is essentially a state highway project, and the project was not impermissibly segmented to evade federal environmental regulations. The highway is not primarily federally funded, since portions were widened solely with state funds, and the project's original plan was developed with state funds. Additionally, federal funding was denied for the Bay View segment because it was too small to meet federal capacity requirements. Although the absence of federal funding is not dispositive of the highway's federal character, a segment built 25 years ago does not lend a federal character to the more recent state-funded segment. Further, the majority of Bay View property owners approved the project, the highway's preexisting storm sewer system was in poor condition, and the environmental studies indicated no feasible alternative. The court notes that the trial court's failure to afford the preservationists more opportunity to develop proof is harmless error.

Counsel for Plaintiffs
Gary Rentrop, Susan Morrison
Siudara, Rentrop, Martin & Morrison
74 E. Long Lake Rd., Bloomfield Hills MI 48013
(313) 644-6970

Counsel for Defendants
R. Phillip Brown
425 W. Ottawa St., Lansing MI 48909
(517) 373-1480

Janice Mann, Ass't U.S. Attorney
1110 Michigan Ave. NW, Grand Rapids MI 49503
(616) 456-2404

Before: KEITH and WELLFORD, Circuit Judges; and GILMORE^*, District Judge.