ELR Citation: ELR 21061
No(s). 89-8633 (11th Cir. Jun 26, 1990)

The court holds that the Federal Highway Administration's (FHwA's) environmental impact statement (EIS) on a proposed highway is adequate under the National Environmental Policy Act. The agency adequately defined the need and purpose for the highway through consultation with local and state officials. The agency adequately considered all reasonable alternatives. There is no evidence in the record that the no-build alternative is less environmentally damaging than the chosen alternative. Alternatives that only partially fulfill the purpose of the proposed project must be considered only if they are reasonable. The agency's decision on the adequacy of the environmental and traffic data is a question of fact and requires deference unless it is arbitrary and capricious. Challengers bear the burden of proof to show that an EIS is inadequate. Traffic computations cannot be considered unreasonable where no alternative method of computation and no specific errors in the calculations are shown. Cumulative impacts of portions of the project both inside and outside the right-of-way were adequately considered. The Urban Mass Transportation Administration (UMTA) was not required to be a cooperating agency because it did not have jurisdiction by law to approve, veto, or finance all or part of the project. The FHwA acted within its discretion in not seeking UMTA's expertise on ridership projections where it had direct access to the correct data.

Counsel for Plaintiffs-Appellants
David E. Walbert
Walbert, Walbert & Hermann
100 Peachtree St., Ste. 1010, Atlanta GA 30303
(404) 523-5000

Counsel for Defendants-Appellees
Daniel Caldwell III
U.S. Attorney's Office
1800 U.S. Courthouse, 75 Spring St., Atlanta GA 30335
(404) 331-6954

Roland Matson, Senior Ass't Attorney General
State Law Department, 132 State Judicial Bldg., Atlanta GA 30334
(404) 656-3360

John Lowery
Parsley, Howell, Lowery & Meeks
2100 Cain Tower, 229 Peachtree St. NE, Atlanta GA 30303
(404) 880-7180

Before COX, Circuit Judge, RONEY^* and SMITH^**, Senior Circuit Judges.