ELR Citation: ELR 20689
No(s). 72-3606 (D. Haw. Jul 6, 1973)

Plaintiffs' motions for partial summary judgment ordering (1) circulation of an amendment to the final impact statement on Interstate H-3 as a draft, (2) new corridor hearings on the highway, (3) new design hearings on the highway, and (4) the submission of new "report" as defined by 23 U.S.C. §128(a) are granted. In granting the motion for recirculation, the court finds that the so-called preface to the final environmental impact statement changes the concept and design of the highway and contains land use, air and noise pollution studies not included in the final statement. As such, within the rule of NRDC v. Morton, 2 ELR 20071 (D.D.C. 1972), and pursuant to PPM 90-1, par. 6, the preface must be circulated and reviewed as a draft.

In ordering new hearings, the court finds that the two location hearings held in 1965 and the design hearing held in 1970 were inadequate because the location hearings considered only the economic impact of the highway, and the design hearing unreasonably restricted the length of highway subject to discussion. The ruling on new location hearings is premised on a holding that the 1968 amendments to the hearing statute apply retroactively to location hearings held prior to 1968 where the original hearings did not consider social and environmental values and where the highway is not so advanced as to make new hearings meaningless, Monroe County Conservation Council, Inc. v. Volpe, 3 ELR 20006 (2d Cir. 1972), Arlington Coalition on Transportation v. Volpe, 2 ELR 20162 (4th Cir. 1972). For previous opinions in this case, see 3 ELR 20130, 2 ELR 20648.

Counsel for Plaintiffs
Boyce R. Brown Jr.
Mattoch, Edmunds, Kemper & Brown
841 Bishop Street, Suite 1401
Honolulu, HI 96813

Michael R. Sherwood
Hart, Sherwood, Leavitt, Blanchfield & Hall
Suite 433 Dillingham Building
735 Bishop Street
Honolulu, HI 96813

Counsel for Defendants
Robert K. Fukuda United States Attorney
Room 320, Federal Building
Honolulu, HI 96813