La Raza Unida of Southern Alameda County, Etc. v. John Volpe, Secty. Transportation, Etc.

This is an appeal from an order granting the plaintiffs’ motions for a preliminary injunction restraining the defendants including the California Highway Commission, from proceeding with State Project 238, a proposed highway of 14 miles that will pass through three California cities, Hayward, Union City, and Fremont. The purpose of the injunction is to secure compliance by the California Highway Commission with 42 U.S.C. §§ 4622-4655, Uniform Relocation Assistance and Real Property Acquisition Policies for Federal and Federally Assisted Programs; 23 U.S.C. § 502 (3), Federal-Aid Highway Act of 1968; 49 U.S.C. § 1653 (f) of the Department of Transportation Act of 1966; 23 U.S.C. § 138 , Federal-Aid Highway Act of 1968; and all Federal regulations promulgated under each of these provisions.

The Commission’s position on this appeal is that these provisions are applicable only in the sense that compliance is necessary in order to obtain federal funding. Under this interpretation the Commission would have an option to obtain federal funding by complying with these provisions. Failure to comply merely would deprive the State of federal funds. The determination whether the…