Richard J. Brooks, a Citizen v. William T. Coleman, Jr., as Secretary of the United States Department of Transportation

We are faced once again with an environmental challenge to highway construction altering the Snoqualmie Pass segment of 1 — 90, located 45 miles east of Seattle in the Cascade Mountain Range. In our first encounter with this litigation, we held that the proposed addition of three lanes to the existing four-lane highway constituted a “use” of park-lands within the meaning of 49 U.S.C. § 1653 (f) and that the National Environmental Policy Act, 42 U.S.C. § 4321 et seq., mandated the preparation of an environmental impact statement (EIS) before further work on the highway could be undertaken ((9 Cir. 1972) 460 F.2d 1193 ). Later, we upheld the district court’s determination that the resulting impact statement was inadequate and entered an order enjoining further construction activity by the defendant ((9 Cir. 1973) 487 F.2d 1344 ). A new EIS was drafted, dated March 21, 1973, and circulated for public comment. Thereafter, the final EIS, incorporating the comments of appellant Brooks and others, and the 4(f) statement was properly moved through channels to the Secretary of Transportation who granted 4(f) approval on March 15, 1974. Final corridor and design approval was…