ELR Citation: ELR 20809
No(s). 72-3072 (9th Cir. Sep 27, 1974)

In a companion case to Lathan v. Brinegar, the Ninth Circuit Court of Appeals, sitting en banc, affirms a lower court order enjoining further work on an interstate freeway in Los Angeles until a new public hearing is held under §128(a) of the Federal-Aid Highway Act. Referring to its discussion of §128(a) in Lathan, the court rules that the lower court could properly require new hearings under that section since Plans, Specifications, and Estimates approval for the project has not yet been obtained. It was also proper for the district court to condition lifting the injunction on a new hearing under §128(a), which will focus on the air and noise pollution effects of the freeway, and in fact, the conditions could have been even broader. Nor does the injunction exclude other matters from consideration at the new hearings. For an earlier opinion by a panel of this court, here overridden, see 4 ELR 20076. For earlier opinions by the district court, see 2 ELR 20425 and 2 ELR 20632.

Counsel are listed at 2 ELR 20425.