ELR Citation: ELR 20836
No(s). P-CIV-74-53 (S.D. Ill. Jul 26, 1974)

The court holds that the environmental impact statement for a highway project that bisects plaintiffs' farm adequately fulfills the requirements of NEPA, and vacates a preliminary injunction against right-of-way acquisition. The corridor hearings, which were held in 1969 and thus must not be viewed in the light of today's standards of environmental awareness, complied with the requirements of §128 of the Federal-Aid Highway Act and PPM 20-8. The fact that the impact statement was originally prepared by the state highway department rather than the Federal Highway Administration (FHwA) does not violate the spirit of NEPA, since the FHwA comprehensively considered and reviewed both the draft and final EIS, and then adopted the latter as its own. In addition, the court rules that plaintiffs' suit is not barred by either laches or failure to exhaust administrative remedies, but holds that it is improperly brought as a class action since the interests of members of the named class may be antagonistic. Judgment on the merits is granted to defendants.

Counsel for Plaintiffs
Mishael O. Gard
Timothy W. Swain
Swain, Johnson & Gard
Suite 1900 Savings Center Tower
411 Hamilton Boulevard
Peoria, IL 61602

Counsel for Defendants
Raymond L. Terrell Special Asst. Attorney General
Drach, Terrell & Deffenbaugh
Suite 804 Myers Building
Springfield, IL 62701

Max J. Lipkin U.S. Attorney
Victor M. Pilolla Asst. U.S. Attorney
U.S. Post Office & Courthouse
100 N.E. Monroe Street
Peoria, IL 60601