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CITIZENS FOR BALANCED ENVIRON. & TRANSP., INC. v. VOLPE

No. 1241, Docket 74-1730.

503 F.2d 601 (1974)

CITIZENS FOR BALANCED ENVIRONMENT AND TRANSPORTATION, INC., Successor in interest of Committee to Stop Route 7, et al., Plaintiffs-Appellants, v. John A. VOLPE et al., Defendants-Appellees.

United States Court of Appeals, Second Circuit.

Decided September 16, 1974.

Attorney(s) appearing for the Case

Haynes N. Johnson, Stamford, Conn. (Alphonse R. Noe, Stamford, Conn., Harvey D. Carter, Jr., Bennington, Vt., of counsel), for plaintiffs-appellants.

Clement J. Kichuk, Asst. Atty. Gen., Hartford, Conn. (Robert K. Killian, Atty. Gen., for the State of Connecticut, Richard Goodman, Bailey & Weschler, Hartford, Conn., William J. Lynch, Trans. Counsel, Conn. Dept. of Trans., Hartford, Conn., of counsel), for defendants-appellees.

Sarah Chasis, New York City (William F. Morrill, Lakeville, Conn., Jonathan Souweine, Scott Warner, Amherst, Mass., of counsel), for amici curiae Natural Resources Defense Council, Inc., Berkshire Litchfield Environmental Council, Inc., The Housatonic Audubon Society, Housatonic Valley Association, Massachusetts Public Interest Research Group, Vermont Public Interest Research Group.

Before MULLIGAN and WINTER, Circuit Judges, and POLLACK, District Judge.

PER CURIAM:

This is an appeal from an order which denied a motion seeking to enjoin the construction of the segment of Route 7 north from Danbury to New Milford, Connecticut until an environmental impact statement (EIS) has been filed in accordance with the National Environmental Policy Act, 42 U.S.C. § 4332(2)(C). The order is affirmed on the opinion of Judge Newman below.1 376 F.Supp. 806 (D...

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