Legal Opinion

The Citizens Environmental Council v. John Volpe, Secretary of Transportation

Court of Appeals for the Tenth Circuit

Decided September 19, 1973No. 73-1158PublishedCited by 39 opinions

1Opinion of the Court

BARRETT, Circuit Judge.

The Citizens Environmental Council (CEC) brought this action to enjoin construction of a federally-assisted highway by-pass. The District Court granted a summary judgment in favor of the defendants-appellees. See The Citizens Environmental Council v. Volpe, 364 F. Supp. 286 (D.Kan.1973).

The State of Kansas plans to relocate 2.76 miles of U. S. Route 69, the Switzer By-Pass, in the cities of Overland Park and Lenexa, Kansas, close to Kansas City, Kansas and Kansas City, Missouri. The suit involves the northern leg of the by-pass which will connect two interstate…

2Cases cited4 opinions

  1. Ashwell & Company, Inc. v. Transamerica Insurance CompanyCourt of Appeals for the Seventh Circuit · 1969
  2. Wildlife Preserves, Inc. v. John A. Volpe, Secretary U.S. Department of TransportationCourt of Appeals for the Third Circuit · 1971
  3. Citizens Environmental Council v. VolpeDistrict Court, D. Kansas · 1973
  4. Finish Allatoona's Interstate Right, Inc. v. VolpeDistrict Court, N.D. Georgia · 1973

3Cited by39 opinions

  1. Lathan v. BrinegarCourt of Appeals for the Ninth Circuit · 1974
  2. Sierra Club v. LynnCourt of Appeals for the Fifth Circuit · 1974
  3. National Wildlife Federation v. William T. Coleman, Secretary of TransportationCourt of Appeals for the Fifth Circuit · 1976
  4. Iowa Citizens for Environmental Quality, Inc. v. John A. Volpe, as Secretary of TransportationCourt of Appeals for the Eighth Circuit · 1973
  5. Lavelle Stevens, Administratrix of the Estate of Robert Wayne Stevens, Deceased v. James A. Barnard, Iii, D/B/A Mid-Continent BellancaCourt of Appeals for the Tenth Circuit · 1975

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