Arlington Coalition on Transportation v. John A. Volpe, Secretary of Transportation

CRAVEN, Circuit Judge:

This is an ecology case. It is the declared public policy of the United States to protect and preserve the national environment “to the fullest extent possible.” National Environmental Policy Act of 1969, 42 U.S.C.A. § 4332 (NEPA). The NEPA is a value judgment by the Congress that in order to “foster and promote the general welfare” each generation of Americans must, beginning now, act “as trustee of the environment for succeeding generations.” 42 U.S.C.A. § 4331. We hold that even essential highway construction must yield to the congressionally structured priority.

Appell…