ELR Citation: ELR 20006
No(s). 72-1363 (2d Cir. Dec 18, 1972)

The Court of Appeals for the Second Circuit reverses a summary judgment granted to the Secretary of Transportation in a suit seeking to enjoin the giving of federal approval to, and funding for, a highway segment, the Rochester "Outer Loop," designed to cross the Genesee Park. For the opinion of the district court, see 2 ELR 20015. The court holds, inter alia, that the Secretary violated the National Environmental Policy Act (NEPA) because an environmental impact statement must be filed and the existing evaluation is insufficiently detailed. In addition, the court rules that the Secretary violated 23 U.S.C. §138 and 49 U.S.C. §1653(f) because he failed to make approval conditional upon all possible planning and actual steps to minimize harm to the park.

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

Counsel for Defendants
John D. Helm
Department of Justice
10th and Pennsylvania Avenue, NW
Washington, DC 20530