ELR Citation: ELR 20378
No(s). 72-2251 (9th Cir. Mar 26, 1974)

Preparation of an environmental impact statement is not required for an ongoing interstate highway interchange project in Seattle, since the Secretary of Transportation gave the project final design approval prior to January 1, 1970, the effective date of NEPA. Since that date there has been no additional major federal action; the government's subsequent participation in the project has done no more than carry out the approved design. The project's geometric and construction standards comply adequately with the Federal-Aid Highway Act, and the consideration of social, economic, and environmental factors at the corridor and design hearing fulfilled the dictates of PPM 20-8. The court affirms a lower court's ruling denying a preliminary injunction.

A concurrence argues that the court's use of the date of final design approval by the Secretary as the controlling criterion for determining the applicability of NEPA is mistaken. Major federal action, in the form of aid in the acquisition of rights-of-way, formal agreements concerning construction and maintenance, letting of contracts, and final preconstruction inspection and approval, did in fact occur after January 1, 1970. But under the criteria set forth in the Council on Environmental Quality guidelines concerning NEPA's applicability to ongoing projects, an impact statement is not required in this case since the project has reached a stage of completion which renders a halt to construction pending preparation of an EIS impracticable.

Counsel for Plaintiffs
John A. McGary
1305 Plaza 600 Building
Seattle, WA 98101

Gene Duncan
15604 S.E. 26th Street
Bellevue, WA 98008

Counsel for Defendants
Albert E. Stephan Asst. U.S. Attorney
1012 U.S. Courthouse
Seattle, WA 98104

Kent Frizzell Asst. Attorney General
Jacques B. Gelin
Thomas L. Adams Jr.
Department of Justice
Washington, DC 20530

Thomas R. Garlington Asst. Attorney General
5th Floor, Highway License Building
Olympia, WA 98501

Robert B. Rutledge Regional Counsel
Federal Highway Administration
222 S.W. Morrison Street
Portland, OR 97204