George and Mary Daly v. John A. Volpe, as Secretary of Transportation

Good Law
514 F.2d 1106·5 Envtl. L. Rep. (Envtl. Law Inst.) 20257·7 ERC (BNA) 1778·7 ERC 1778·1975 U.S. App. LEXIS 15564
United States Court of Appeals for the Ninth CircuitMarch 20, 197574-2566California2,342 words

Opinion

Opinion

Goodwin, J.

The plaintiffs in this environmental action appeal the judgment by which the district court dissolved its injunction which had suspended construction of a segment of Interstate 90 between Seattle and Snoqualmie Summit in the state of Washington.

In Daly v. Volpe, 350 F.Supp. 252 (W.D.Wash.1972), the court had ordered state and federal defendants to prepare and circulate a draft environmental impact statement and enjoined construction pending compliance. The judgment approving that statement is found in Daly v. Volpe, 376 F.Supp. 987 (W.D.Wash. 1974).

Interstate 90 was planned to run from Seattle, Washington, to Boston, Massachusetts. In the Puget Sound region, the evidence showed that the freeway is expected to carry Seattle-area traffic to and from recreational facilities at Sno-qualmie Summit, east of the segment challenged by the plaintiffs.

The challenged segment is approximately seven miles long. It will by-pass the town of North Bend. Now known as SR 90, Echo Lake to Tanner, the segment has been in the planning stage since the early 50’s. Although the project was delayed by revised priorities, design and corridor hearings were undertaken in the late 1960’s.

The…

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