ELR Citation: ELR 20316
No(s). 19,222 (3d Cir. Jun 7, 1971)

The provision of the federal Department of Transportation Act, designed to protect parklands, recreational areas, wildlife refuges and historic sites, originally effective April 1, 1967, is not applicable to a federal aid highway for which "contract drawings" were approved by DOT on Nov. 18, 1966. Final approval for the sectionn of highway at issue in this case also proceeded the effective date (Aug. 23, 1968) of the Federal-Aid Highway Act of 1968. Consequently, the state was not required to hold public hearings which considered the environmental and social impact of the highway segment. Although construction has proceeded after the district court's grant of summary judgment, defendant-appellees' motion to dismiss the appeal as moot is denied. Some relief would have been possible had plaintiff-appellant prevailed on the merits.

Counsel for Plaintiff-Appellant:
Edwin C. Landis
Meyner & Wiley
24 Commerce Street
Newark, NJ 07102
(201) 624-2800

Counsel for Federal Defendant-Appellees:
Raymond W. Young, Assistant U.S. Attorney
970 Broad Street
Newark, NJ 07102
(201) 645-2155

Counsel for State Defendant-Appellees:
David A. Biederman, Deputy Attorney General
N.J. Department of Transportation
1035 Parkway Avenue
Trenton, NJ 08625
(609) 292-2121

Counsel for County Defendant-Appellees:
Aaron Dines
83 Maple Avenue
Morristown, NJ 07960
(201) 539-4454