23 C.F.R. § 772.1
Purpose
To provide procedures for noise studies and noise abatement measures to help protect the public's health, welfare and livability, to supply noise abatement criteria, and to establish requirements for information to be given to local officials for use in the planning and design of highways approved pursuant to title 23 U.S.C.
Notes of Decisions
Cited in 3
cases, 1981–2010 · leading case: Citizens Comm. Against Interstate Route 675 v. Lewis, 542 F. Supp. 496 (S.D. Ohio 1982).
Citizens Comm. Against Interstate Route 675 v. Lewis, 542 F. Supp. 496 (S.D. Ohio 1982). “See, 23 C.F.R. § 772.1 (a) and (b) (1976). Part 772 makes it clear that noise studies are to be performed during the development of a particular highway project but need not be completed prior to the preparation or submission of an EIS.”
Nashvillians Against I-440 v. Lewis, 524 F. Supp. 962 (M.D. Tenn. 1981). “§ 109 (i), see 23 C.F.R. § 772.1 -.25, and that projects must either be approved under these regulations or else excepted from their coverage.”
Prairie Band Pottawatomie Nation v. Fed. High. Admin., 751 F. Supp. 2d 1174 (D. Kan. 2010). “” 23 C.F.R. § 772.1 . Here, plaintiffs can show prejudice only if the FHWA would have rejected the 32B Alternative but for this error.”
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