Thompson v. Fugate

ELR Citation: ELR 20612
No(s). 316-71-R (E.D. Va. Aug 14, 1972)

State highway planners cannot evade the requirements of NEPA, the National Historic Preservation Act, §4(f) of the Department of Transportation Act and other federal directives, by so segmenting a proposed highway that certain sections do not have federal aid requests. The beltway around Richmond, Virginia, must be viewed as a whole; it would be a bureaucratic exercise to permit the law to be so circumvented. Condemnations, and federal approvals and appropriations, are enjoined until applicable federal statutes are complied with.

Counsel for Plaintiffs
E. Milton Farley III
T.S. Ellis
Box 1535
Richmond, VA 23212

Counsel for State Defendant
Stuart H. Dunn
Vann H. Lefcoe
911 E. Broad Street
Richmond, VA 23219

Counsel for Federal Defendant
Raymond Carpenter, Assistant U.S. Attorney
Room 311, Courthouse Bldge.
Richmond, VA 23219

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