ELR Citation: ELR 20622
No(s). 19,453 (3d Cir. Dec 1, 1971)

District court's dismissal of action to enjoin the relocation of a highway in a state forest as a part of the federal aid secondary highway system is affirmed. Design hearings for this highway were not required by PPM 20-8 because that regulation exempts secondary roads built for less than 750 vehicles a day from design hearing requirements. This exemption does not violate the public hearing requirements of federal highway statutes. The Parklands Statute is not applicable to this highway because the public official having jurisdiction over the state forest and other public lands through which it will pass has determined that these are not parklands. The National Environmental Policy Act of 1969 is not applicable to the Secretary of Transportation's approval of this highway undertaking because final approval occurred, and construction contracts were awarded, prior to the effective date of the act.

Counsel for Plaintiffs
Robert Broughton
Duquesne University
Pittsburgh, PA 15219
(412) 434-6000

John Killian
Killian, Gephart and Snyder
216 Pine Street
Harrisburg, PA 17101
(717) 238-2591

Counsel for Defendants
Francis J. Locke Regional Counsel, Region 2
Federal Office Building
31 Hopkins Plaza
Baltimore, MD 21201
(301) 962-4831

S. John Cottone U.S. Attorney
Federal Building
Scranton, PA 18501
(717) 344-7111

Counsel for Defendant Construction Firm
J. Thomas Menaker
100 Pine Street
Harrisburg, PA 18501
(717) 236-9341