Sierra Club v. United States Department of Transportation
Opinion
Opinion
Peckham, J.
ORDER GRANTING SUMMARY JUDGMENT FOR PLAINTIFFS ON SECTION 4(f) CLAIM
INTRODUCTION
On January 12, 1987, this court enjoined construction of the proposed devil’s slide bypass, based on a preliminary determination that the defendants had failed to comply with section 4(f) of the Department of Transportation Act of 1966, 49 U.S.C. § 303 (c) (1982), and section 18 of the Federal Aid Highway Act of 1968, 23 U.S.C. § 138 (1982). See Sierra Club v. United States Department of Transportation, 664 F.Supp. 1324, 1327-34 (N.D.Cal.1987). Section 4(f) requires that, before park land can be used by highway projects, the Secretary of Transportation must conduct a study to determine whether there are prudent and feasible alternatives to the proposed project, and whether all possible planning has been carried out to minimize harm to the park. Before us now are cross motions for summary judgment on the section 4(f) claim.
The facts as they are summarized below and in the court’s previous opinion, see id., are for the most part not disputed by the defendants. See Defendants’ Responses to Requests for Admissions (filed Sept. 18 and Oct. 1, 1987). The defendants do attack certain of the court’s…