Volpe
Sierra Club v. Volpe
Opinion
Opinion
Sweigert, J.
MEMORANDUM OF DECISION
Plaintiff, Sierra Club, and other conservation organizations, together with seven individuals, who allege that they reside in the general area of the freeway project hereinafter mentioned, bring this suit to restrain federal and California highway officials from proceeding with construction of the so-called Devil’s Slide By-Pass Freeway project on the ground of failure to comply, as to the federal defendants, with the provisions of the Federal Aid Highway Act, 23 U.S.C. § 128 , as amended, and the National Environmental Policy Act, 42 U.S.C. §§ 4321-4347 , hereinafter referred to as “NEPA”, and, as to the state defendant via pendent jurisdiction, with the California Environmental Quality Act, Cal. Public Resources Code §§ 21000-21151 , hereinafter referred to as “CEQA”.
BACKGROUND OF THE PROJECT
The Devil’s Slide By-Pass project, hereinafter sometimes referred to as “the project”, consists of a planned four lane freeway between the southerly limit of Pacifica, San Mateo County, California, on the north, and running thence southerly 6.3 miles to the Half Moon Bay Airport.
The project is part of a federal aid primary highway route, i. e., State Highway #…