ELR Citation: ELR 20602
No(s). 71-1149 (9th Cir. Nov 15, 1971)

Acquisition of land by state highway department pursuant to federal aid highway program for use in an Interstate Highway Project enjoined pending state and federal compliance with relocation provisions of federal highway law and the National Environmental Policy Act (NEPA). To assure the adequate relocation of persons displaced by a federal highway project and minimal adverse impact of such project on the housing market the requirements of relocation provisions must be fully implemented not later than federal approval of the route of the highway. If federal agency actions are to be taken with due regard for the minimization of adverse environmental effects, the environmental impact of the proposed project must be known to the decision maker while he still has the flexibility to choose among all alternatives. The environmental impact statement required by NEPA for the highway project should be prepared prior to the final approval stage. Plaintiffs claim that the 1963 public hearing on highway location denied procedural due process to members of the public is barred by laches.

Counsel for Plaintiffs:
J. Anthony Kline
Public Advocates
433 Turk Street
San Francisco, CA 94102
(415) 441-8850

Counsel for Federal Defendants:
Walter Fleischer Attorney
Department of Justice
Washington, DC 20530
(202) 737-8200

Counsel for State Defendant:
Thomas Garlington
Office of Attorney General
Temple of Justice
Olympia, WA 98501
(206) 753-6200

Before: JERTBERG, DUNIWAY, and CHOY, Circuit Judges.