ELR Citation: ELR 20076
No(s). 72-3072 (9th Cir. Dec 3, 1973)

The Federal Highway Act of 1968 does not require new design or corridor hearings concerning a highway segment for which such hearings were held prior to the Act's passage, even though federal approval of the segment's location occurred after the statute went into effect. Nor did the subsequent passage of NEPA and promulgation of PPM 20-8 give the Federal Highway Act retroactive effect. The court also rules that the lower court, in finding that defendants had insufficiently complied with PPM 20-8 because little information about air and noise pollution from the proposed highway was made available to the public, was in error. PPM 20-8 requires that the highway department reveal prior to a public hearing only what data it has studied and plans it has made and not any given quantity of information about the 23 effects mentioned in the regulation. The court notes that it is then up to the public at the hearing to point out any deficiencies in the department's plans and adduce any additional data concerning adverse effects which might warrant altering or abandoning those plans.

A dissent argues that new hearings should be held since the highway project was not approved until after the passage of the Federal Highway Act, and that PPM 20-8 requires the highway department to develop the information necessary for full consideration of the possible effects of the proposed highway on noise and air pollution. For earlier opinions in the case, see 2 ELR 20425 and 2 ELR 20632.

Counsel are listed at 2 ELR 20425