ELR Citation: ELR 20033
No(s). 72-C-31-CR (N.D. Iowa Aug 9, 1972)

Preliminary and permanent injunctive relief is denied against street construction work designed to widen a major traffic artery. The court concludes that the project is not a "major federal action" within the meaning of §102(2)(C) of the National Environmental Policy Act (NEPA) and that an environmental impact statement is therefore unnecessary. The ground of decision is that the project does not create a new highway location or a functional characteristic change.

Counsel for Plaintiffs
Robert C. Gross
528 South Clinton Street
Iowa City, IA 52240

Counsel for Defendants
C. Kenneth Cranston
Department of Transportation
P.O. Box 7186
Kansas City, MO 64113

Asher Schroeder
Iowa Highway Commission
Ames, IA

Evan L. Hultman U.S. Attorney
P.O. Box 1138
Sioux City, IA

David F. McGuire City Attorney
City Hall
Cedar Rapids, IA