ELR Citation: ELR 20739
No(s). 72-1620 (8th Cir. Aug 22, 1973)

The requirements of NEPA apply to a segment of a proposed statewide highway project when the State Highway Department first seeks location approval from the Federal Highway Administration. Segmentation is desirable since to subject the overall project to the requirements of NEPA at the planning stages would result in insurmountable expenses and delays, but it must be reasonable, in that the project segments must have logical termini such as cities or existing major highways at each end. The court rules that a county line is not an appropriate terminal for the 14-mile segment in question, and remands so the EIS can be enlarged to consider the full 36-mile planned link between two major highways now in existence.

Counsel for Plaintiffs
Robert B. Scism
Scalise, Scism, Gentry, Brick & Brick
Ninth Floor, Fleming Building
Des Moines, IA 50309

John Hellegers
Environmental Defense Fund
1525 18th Street, NW
Washington, DC 20036

Counsel for Defendants
Allen L. Donielson U.S. Attorney
U.S. Courthouse
Des Moines, IA 50309

Richard C. Turner Attorney General
State House
Des Moines, IA 50319

David B. Wells Chief Counsel
Federal Highway Administration
Washington, DC 20590

Kent Frizzell
Jacques B. Gelin
Department of Justice
Washington, DC 20530