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plaintiffappealcompliance
plaintiffappealcompliance

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Swain v. Brinegar, 517 F.2d 766, 7 ERC 2046, 21 Fed.R.Serv.2d 169, 5 Envtl. L. Rep. 20,354

Facts

In 1967, a report by Wilbur Smith and Associates outlined highway needs in Illinois, leading to the planning of a supplemental freeway from Lincoln to Peoria. The corridor selection process for the project was conducted in 1969, but plaintiffs argued that it was arbitrary and did not adequately consider environmental impacts or alternatives. The plaintiffs sought to challenge the approval process, claiming insufficient public participation and inadequate environmental review under NEPA. A temporary restraining order was issued, but the district court ultimately dismissed the case, prompting the appeal.

Plaintiffs brought this suit to enjoin further action on a segment of a proposed Federal-Aid Highway project in the state of Illinois.

Issue

Whether the proposed highway project was subject to the environmental impact statement requirements of the National Environmental Policy Act (NEPA) despite being in the planning stages prior to the Act's effective date.

Whether the project was subject to environmental impact statement provisions of the Act.

Rule

The National Environmental Policy Act requires federal agencies to prepare a detailed environmental impact statement for major federal actions significantly affecting the environment, including an analysis of alternatives and environmental impacts.

Under the act, all agencies of the Federal Government are to include in their consideration and development of major federal actions having significant effect on the environment a 'detailed statement by the responsible official' on five specific aspects of the proposed action.

Analysis

The court determined that NEPA applied to the highway project because construction had not yet begun, and the project was still subject to review under the Act. The court found that the corridor selection process did not adequately consider environmental impacts or alternatives, and that the environmental impact statement prepared was insufficient. The court emphasized that the responsibility for preparing the EIS lay with federal officials, not state agencies, to ensure an impartial assessment of environmental consequences.

For the reasons which follow, we hold that NEPA does require a full review of the suit project, that such a review has not yet been conducted in compliance with the act, and that further action on this portion of FAP 406 must therefore be enjoined pending a full review and determination by the Federal Highway Administration whether this highway should be built as presently planned.

Conclusion

The Court of Appeals reversed the district court's dismissal and remanded the case, directing that further work on the highway project be prohibited until a proper environmental impact statement was prepared in compliance with NEPA.

Reversed and remanded with direction.

Who won?

The landowners prevailed in the appeal, as the court found that the highway project was subject to NEPA and that the environmental review process had not been adequately followed.

The Court of Appeals, Swygert, Circuit Judge, held that even though the project had been in planning stage prior to effective date of National Environmental Policy Act, where construction had not been started, project was subject to environmental impact statement provisions of the Act.

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