Stop 3 Association v. Dole

870 F.2d 1419 29 ERC 1390 , 57 USLW 2569 , 19 Envtl. L. Rep. 20,873 STOP H-3 ASSOCIATION, a Hawaiian non-profit corporation; Life of the Land, a Hawaiian non-profit corporation; Hui Malama Aina O Ko'Olau, Plaintiffs-Appellants, v. Elizabeth DOLE, as Secretary of the United States Department of Transportation; William R. Lake as Hawaii Division Engineer, Federal Highways Administration; and Edward Hirata, as Director of the Department of Transportation of the State of Hawaii, Defendants-Appellees. * No. 87-2204. United States Court of Appeals, Ninth Circuit. Argued Nov. 13, 1987. Decided March 20, 1989. Boyce R. Brown, Jr., Brown, Johnston & Day, Honolulu, Hawaii, for plaintiffs-appellants. Kathryn A. Oberly, Sp. Deputy Atty. Gen., State of Hawaii, Mayer, Brown & Platt, Washington, D.C., for defendants-appellees. Appeal from the United States District Court for the District of Hawaii. Before SCHROEDER, PREGERSON and BRUNETTI, Circuit Judges. PREGERSON, Circuit Judge: I. BACKGROUND 1 This appeal involves the construction of an interstate highway project in Hawaii which has been the subject of litigation now spanning some sixteen years. 1 The litigation began in 1972, when…