ELR Citation: ELR 20015
No(s). 1971-338 (W.D.N.Y. Dec 30, 1971)

The Secretary of Transportation acted within the scope of his authority when he determined that there is no feasible or prudent alternative to the use of the Genesee Valley Park lands for the location of the Rochester Outer Loop and that all possible planning for the minimization of harm to the park had been done. This determination was not arbitrary or capricious. NEPA's requirements with respect to this highway undertaking have been satisfied. A design hearing was not required because design approval occurred prior to imposition of a design hearing requirement. Defendant's motion for summary judgment is granted.

Counsel for Plaintiffs
Wayne M. Harris
226 Powers Building
Rochester, NY 14614

Counsel for Defendant
Michael R. Wolford Ass't. U.S. Attorney
Federal Court House
Rochester, NY 14614