Full opinion text
TABLE OF CONTENTS PAGE GLOSSARY .1012 I. SCOPE OF REVIEW .1016 II. FINDINGS OF FACT .1017 A. Procedural History of the 1-287 Project .1017 B. Findings of Fact as to Each of Plaintiffs’ Claims .1039 III. CONCLUSIONS OF LAW .1049 A. Overview of NEPA, DOTA and FAHA .1049 B. Standard of Review .1052 C. Conclusions of Law as to Each of Plaintiffs’ Claims .1054 IV. CONCLUSION .1066 GLOSSARY EXPLANATION ABBREVIATION Army Corps, of Engineers ACOE New Jersey Action Plan Action Plan Administrative Procedure Act 5 U.S.C. § 701 et seq. APA Council on Environmental Quality CEQ New Jersey Citizens Coalition to Stop 1-287 Citizens Coalition Draft Environmental Impact Statement (A.R., Vol. 3, Item 24) DEIS United States Department of Interior DOI Department of Transportation Act of 1966, 49 U.S.C. § 101 et seq. DOTA Executive Order 11988, 42 Fed. Reg. 26951, May 24, 1977 E.O. 11988 Executive Order 11990, 42 Fed. Reg. 26961, May 24, 1977 E.O. 11990 Executive Order 12372, Fed. Reg. 30959, July 14, 1982 E.O. 12372 United States Environmental Protection Agency EPA Endangered Species Act 16 U.S.C. § 1531 et seq. ESA Federal-Aid Highway Act, as amended, 23 U.S.C. § 101 et seq. FAHA ABBREVIATION EXPLANATION FEIS Final EIS/Seetion 4(f) Evaluation (A.R., Vol. 24, Item 101) FEMA Federal Emergency Management Administration FHWA Federal Highway Administration FWCA Fish and Wildlife Coordination Act 16 U.S.C. § 661 et Homeowners Committee Franklin Lakes Homeowners Committee Against 1-287 HUD U.S. Department of Housing and Urban Development ICA Intergovernmental Cooperation Act of 1968 31 U.S.C. § 6501 et seq. 1-287 Interstate Route 287 of the National System of Interstate and Defense Highways, commonly known as the “Interstate Highway System.” NEPA National Environmental Policy Act 42 U.S.C. § 4321 et seq. NHPA National Historic Preservation Act 16 U.S.C. § 470f . ' NJDEP New Jersey Department of Environmental Protection NJDOT New Jersey Department of Transportation NJEO 53 New Jersey Executive Order 53 NJERA New Jersey Environmental' Rights Act N.J.S.A. § 2A:35A-1 et seq. NJTPB New Jersey Transportation Planning Board OMB U.S. Office of Management and Budget PFEIS Preliminary Final Environmental Impact Statement/ Draft Section 4(f) Evaluation (A.R., Vol. 15, Items 78A-78D) PPM 20-8 Policy and Procedure Memorandum 20-8 of the Federal Highway Administration PRC Passaic River Coalition PS & E Plans, Specifications & Estimates USDOT United States Department of Transportation V/C Ratio Volume to Capacity Ratio OPINION HAROLD A. ACKERMAN, District Judge. Interstate 287 (hereinafter “1-287”) was designated as part of the original interstate highway system in 1956. It was never completed. The plaintiffs herein seek to enjoin the construction of the remaining 20.6 mile stretch from the terminus of United States Route 202 in Montville Township, Morris County, New Jersey to the New York State Thru way in Suffern, New York. The Administrative Record, affidavits, briefs and correspondence submitted to the court in this vigorously litigated action to bar the planned construction are themselves sufficient to pave the remaining twenty miles. The Assistant United States Attorney representing the federal defendants to this action has stated that “[t]his case holds the record in the U.S. Attorney’s Office, both criminal and civil, for the highest xeroxing bill and the most amount of paper ever submitted to the U.S. District Court, at least of recent vintage, in the last 15 years.” See Transcript of hearing, February 14, 1984 at 17. Taken literally or metaphorically, this statement confirms this court’s impression that the gargantuan 46 volume Administrative Record in the instant litigation has not often been surpassed. The plaintiffs herein are the County of Bergen, the Borough of Franklin Lakes (Bergen County), the Township of Mont-ville (Morris County), Franklin Lakes Homeowners Committee Against 1-287, New Jersey Citizens Coalition to Stop 1-287 and the Passaic River Coalition. Three other plaintiffs, the Township of Pequannock, the Borough of Pompton Lakes and the Township of Mahwah have withdrawn from this litigation by consent orders filed with this court. The defendants are a variety of individuals and agencies of the state and federal governments. The so-called “federal defendants” are as follows: the United States Department of Transportation (hereinafter “USDOT”), Elizabeth Hanford Dole in her capacity as Secretary of USDOT, the Federal Highway Administration (hereinafter “FHWA") (an administration within US-DOT), Ray Barnhart in his capacity as Administrator of FHWA, John G. Bestgen, Jr. in his capacity as Regional Administrator of Region 1 of FHWA, John Kessler, Jr. in his capacity as Division Administrator of the New Jersey Division of FHWA, the United States Department of the Interior (hereinafter “DOI”), James G. Watt in his capacity as former Secretary of DOI, the Environmental Protection Agency (hereinafter EPA), Lee Verstandig in his capacity as the Acting Administrator of EPA, and Jacqueline E. Schafer in her capacity as the Administrator of Region 2 of EPA. The so-called “state defendants” are the New Jersey Department of Transportation (hereinafter “NJDOT”) and John P. Sheridan, Jr. in his capacity as the Commissioner of NJDOT. Plaintiffs seek declaratory and injunctive relief. They allege that the administrative process resulting in the approval of the 1-287 highway project violated the Department of Transportation Act of 1966 as amended, 49 U.S.C. § 101 et seq. (hereinafter cited as “DOTA”); the National Environmental Policy Act, 42 U.S.C. § 4321 et seq. (hereinafter cited as “NEPA”) and the regulations promulgated thereunder; the Federal Aid Highway Act as amended, 23 U.S.C. § 101 et seq. (hereinafter cited as “FAHA”), and the regulations promulgated thereunder; and Policy and Procedure Memorandum 20-8 (hereinafter cited as “PPM 20-8”) superseded in 1974 by regulations codified at 23 C.F.R. Parts 771 and 790. Plaintiffs further allege violations of the Intergovernmental Cooperation Act of 1968, 31 U.S.C. § 6501 et seq. (hereinafter cited as “ICA”); the Fish and Wildlife Coordination Act, 16 U.S.C. § 661 et seq. (hereinafter cited as “FWCA”); the Endangered Species Act, 16 U.S.C. § 1531 et seq. (hereinafter cited as “ESA”); section 106 of the National Historic Preservation Act, 16 U.S.C. § 470f (hereinafter cited as “NHPA”), and the regulations promulgated thereunder and the Administrative Procedure Act, 5 U.S.C. § 701 et seq. (hereinafter cited as “APA”). In addition, plaintiffs allege that defendants violated Executive Order 11990, 42 Fed.Reg. 26961, May 24, 1977 (hereinafter cited as “EO 11990”); Executive Order 11988, 42 Fed.Reg. 26951, May 24, 1977 (hereinafter cited as “EO 11988”); Executive Order 12372, 42 Fed. Reg. 30959, July 14, 1982 (hereinafter cited as “EO 12372”); the New Jersey Environmental Rights Act, N.J.Stat.Ann. 2A:35A-1 et seq. (hereinafter cited as “NJERA”); New Jersey Executive Order 53, October 15, 1972 (hereinafter cited as “NJEO 53”) and the New Jersey Action Plan (hereinafter “Action Plan”) adopted pursuant to FAHA by FHWA and NJDOT. In short, plaintiffs allege that the various environmental implications of the 1-287 extension were not adequately considered by the defendants pursuant to the requirements of state and federal law. Both state and federal defendants filed answers to the instant complaint denying the allegations therein and setting forth various defenses. Federal defendants filed Volumes 1 through 27 of the Administrative Record and state defendants filed Volumes 28 through 44 of the Administrative Record containing those documents in their respective possession. A hearing was held before Judge Biunno of this District on September 27, 1983. In a Memorandum dated September 29, 1983 and a Memorandum and Order dated October 12, 1983, Judge Biunno set forth a scheme of case management and a system of determining the proper contents of the Administrative Record for purposes of review which has been vehemently disputed by plaintiffs at every opportunity. Regarding the contents of the Administrative Record, Judge Biunno noted the appropriate standard and scope of review of an administrative action by a United States District Court and ordered the following: The 44-volume administrative record filed by the federal and state defendants may be supplemented through agency procedures initiated by plaintiffs ... to the extent that requests to an agency to supplement the record are denied, the administrative record of that request, its subject matter, its disposition and the reasons therefore shall be served and filed by the agency involved as a supplement to the present administrative record and plaintiffs may serve and file a point brief thereon. Judge Biunno further held that “the usual pretrial mechanism for depositions, interrogatories and other forms of judicial discovery employed when a trial court compiles its own evidential record shall not be applicable to this proceeding” and that “[t]he administrative record filed .by [defendants] ... is far too massive ... to make a traditional ‘summary judgment’ motion a prudent mechanism for review and decision.” See Memorandum dated September 29. In sum, for the reasons stated therein and summarized in the opinion of this court rendered orally on February 14, 1984, see Transcript at 27, Judge Biunno held that the case would be “tried” mainly by presentation of argument after the submission of point briefs and not through a formal hearing at which testimony would be introduced. On February 14, 1984, a hearing was held before this court on plaintiffs’ motion to settle the record, compel discovery and set the case down for trial. In essence, plaintiffs sought reconsideration of Judge Biunno’s rulings in this regard. In my oral ruling rendered at the hearing, I held that a determination on the disputed contents of the administrative record would be deferred until this court reviewed the agency decision at issue on its merits. Second, I held that Judge Biunno’s order precluding the parties from employing the usual means of discovery under the Federal Rules of Civil Procedure was not clearly erroneous and, in fact, was eminently correct in light of the permissible scope of review and the absence of any showing of agency bad faith. Further, I found “that this court may look outside the record to ... submissions [of the parties] as background, and for their evidentiary value in determining whether the agency considered the relevant factors in making its decision.” See Transcript of hearing, February 14, 1984 at 36 (citations omitted). Finally, I set up a schedule for submission of extra-record evidence, noted that such submission would be limited to the issues already briefed by the parties and admonished the parties that the “focal point” of the court’s review would remain the administrative record itself. Id. at 38. To the extent that Judge Biunno had ruled to the contrary, I found his previous order to be clearly erroneous pursuant to a recognized exception to the law of the case doctrine. Id.; see Arizona v. California, 460 U.S. 605, 618 n. 8, 103 S.Ct. 1382, 1391 n. 8, 75 L.Ed.2d 318 (1983). By letter opinion dated April 18, 1984, I decided to clarify my February 14 ruling regarding the contents of the administrative record. I held that with regard to those documents already in plaintiffs’ possession, this court would review the agency’s decision whether or not to include them in the administrative record under the applicable standard of review pursuant to Judge Biunno's order. Regarding those documents not already in plaintiffs’ possession but either known or suspected to exist and excluded from the administrative record submitted to this court by the defendants, I held “that in light of the standard of review and because there is insufficient evidence at this time that the agency has withheld documents in bad faith, or that the Record is too sketchy to permit meaningful judicial review, this court will accept the unilateral decision of the agency regarding- the inclusion or exclusion of these additional documents.” See Letter Opinion of April 18, 1984 at 3. I further cautioned defendants “that they should err on the side of over-inclusiveness in their submissions to the court” and noted that “[a]t the very least, however, the record should include all relevant studies or data used or published by the agency compiling the [environmental impact] statement.” Id. quoting County of Suffolk v. Secretary of Interior, 562 F.2d 1368, 1384 n. 9 (2d Cir.1977) (emphasis added). Finally, I ordered defendants to file an affidavit “stating definitively and briefly whether ‘all relevant studies or data used or published’ by the agencies in question in preparing the EIS have been submitted to the court either by filing or in camera and if they have not been submitted, an explanation of this fact.” See Letter Opinion of April 18, 1984 at 4. All submissions to this court having been completed and oral argument of the parties having been heard, the parties await this decision reviewing the merits of the administrative approval of the 1-287 extension in light of the governing law. In the litany of federal and state statutes and regulations under which plaintiffs seek relief, three federal statutes predominate: NEPA, DOTA and FAHA, see Conclusions of Law infra. I turn now to the appropriate scope of review by a district court in cases under these statutes. I. SCOPE OF REVIEW It is not disputed that as a general matter, judicial review in a case such as this one “is to be based on the full administrative record that was before the [agency] at the time [it] made [its] decision.” Citizens to Preserve Overton Park v. Volpe, 401 U.S. 402, 420, 91 S.Ct. 814, 825, 28 L.Ed.2d 136 (1971). The Supreme Court has made clear that the reviewing court may neither perform a de novo review of the merits of the agency decision, see Camp v. Pitts, 411 U.S. 138, 141-42, 93 S.Ct. 1241, 1243-44, 36 L.Ed.2d 106 (1973), nor base its review on “litigation affidavits” containing post hoc rationalizations by agency officials in lieu of the whole administrative record compiled by the agency. See Overton Park, 401 U.S. at 419, 91 S.Ct. at 825. In. sum, “the focal point for judicial review should be the administrative record already in existence, not some new record made initially in the reviewing court.” Camp, 411 U.S. at 142, 93 S.Ct. at 1244. At times, however, the “bare record” may not disclose information sufficient to enable a court to meaningfully review the agency decision under the appropriate standard. In such cases the court may require the participating administrative officials to give testimony or submit affidavits to supplement the record. See Camp, 411 U.S. at 142-43, 93 S.Ct. at 1244; Overton Park, 401 U.S. at 420, 91 S.Ct. at 825. “Of course, such inquiry into the mental processes of administrative decision makers is usually to be avoided. United States v. Morgan, 313 U.S. 409, 422 [61 S.Ct. 999, 1004, 85 L.Ed. 1429] (1941).” Overton Park, 401 U.S. at 420, 91 S.Ct. at 825. Similarly, where there has been a substantial showing that “documents which are properly part of the administrative record have been withheld” by the agency in bad faith, the traditional tools of discovery under the Federal Rules of Civil Procedure may be utilized. See Natural Resources Defense Council, Inc. v. Train, 519 F.2d 287, 292 (D.C.Cir.1975); Quincy Oil Inc. v. FEA, 468 F.Supp. 383, 387 (D.Mass.1979). As noted supra, I have already ruled that neither of those two situations are present in the instant litigation. It is clear, as I have earlier held, that evidence outside the administrative record may be introduced in the district court to facilitate examination of the administrative record under the applicable standard of review. See discussion of standard of review infra; see generally, Overton Park, 401 U.S. at 416, 91 S.Ct. at 823. As I noted in my oral ruling of February 14, the Second Circuit has stated that: [I]n NEPA cases, by contrast, a primary function of the court is to insure that the information available to the decision-maker includes an adequate discussion of environmental effects and alternatives ... which can sometimes be determined only by looking outside of the, administrative record to see what the agency may have ignored.... Generally ... allegations that an EIS has neglected to mention a serious environmental consequence, failed adequately to discuss some reasonable alternative, or otherwise swept ‘stubborn problems or serious criticism ... under the rug,’ Silva v. Lynn, 482 F.2d [1282] at 1285 [ (1st Cir. 1973)], raise issues sufficiently important to permit the introduction of new evidence in the district court, including expert testimony with respect to technical matters.... See County of Suffolk v. Secretary of Interior, 562 F.2d 1368, 1384-85 (2d Cir.1977), cert. denied, 434 U.S. 1064, 98 S.Ct. 1238, 55 L.Ed.2d 764 (1978) quoted in Transcript of hearing, February 14, 1984 at 36; accord PPG Industries, Inc. v. Costle, 630 F.2d 462, 466 (6th Cir.1980); Asarco, Inc. v. United States Environmental Protection Agency et al., 616 F.2d 1153, 1159-60 (9th Cir.1980); Hough v. Marsh, 557 F.Supp. 74, 84 n. 12 (D.Mass.1982); Manatee County v. Gorsuch, 554 F.Supp. 778, 782-83 (M.D.Fla.1982); Citizens for Mass Transit, Inc. v. Adams, 492 F.Supp. 304, 312 n. 1 (E.D.La.) aff'd, 630 F.2d 309 (5th Cir.1980); Como-Falcon Coalition, Inc. v. United States Department of Labor, 465 F.Supp. 850, 856 n. 1 (D.Minn.1978), cert. denied, 446 U.S. 936, 100 S.Ct. 2154, 64 L.Ed.2d 789 (1980); cf. Township of Springfield v. Lewis, 702 F.2d 426 at 441-42 (3rd Cir.1983) (implicitly adopting this view in affirming the district court’s exhaustive analysis of such extra-record evidence). I have already held that “[t]his court will look outside the administrative record [, but] only to the extent absolutely necessary to review agency approval of the extension of 1-287 under the relevant standard [of review] discussed [infra ] and pursuant to the applicable statutes and regulations.” Transcript of hearing, February 14, 1984 at 38. In light of my ruling in this regard, I need not dwell at length on the precise contents of the administrative record which can be “very unclear in a NEPA case where there is no formal fact-finding process.” County of Suffolk, 562 F.2d at 1384 n. 9. As I have already held, “the record should include all relevant studies or data used or published by the agency....” at the very least. Id. In short, it should include “all of the documents and materials that were directly or indirectly considered by the decisionmakers at the time the decisions were rendered.” See Lloyd v. Illinois Regional Transportation Authority, 548 F.Supp. 575, 590 (N.D.I11.1982). Judge Biunno ordered defendants to file with the court any documents which plaintiffs had requested be made part of the record but which defendants believed to be outside the proper scope of the administrative record on review. I do not see the necessity of an individual ruling on each such document in this regard. Instead, these documents shall be considered by the court, along with expert affidavits and other extra-record evidence submitted by plaintiffs to the extent that they are probative of defendants’ compliance with statutory requirements under the appropriate standard of review discussed infra. I turn now to my findings of fact based on a review of this record. II. FINDINGS OF FACT A. PROCEDURAL HISTORY OF THE 1-287 PROJECT. The National System of Interstate Highways was created by an act of Congress, as set forth in the Federal Aid Highway Act of 1944. The Act provides in part: There shall be designated within the continental United States a National System of Interstate Highways not exceeding forty thousand miles in total extent so located as to connect by routes, as direct as practicable, the principal metropolitan areas, cities, and industrial centers, to serve the national defense, and to connect at suitable border points with routes of continental important in the Dominion of Canada and the Republic of Mexico. The routes of the National System of Interstate Highways shall be selected by joint action of the State highway departments of each State and the adjoining States.... Pub.L. No. 521, § 7, 58 Stat. 842. Pursuant to the Federal Aid Highway Act of 1944 several state highway departments selected routes for inclusion in the authorized National System of Interstate Highways, and with minor modification to affect interstate continuity, the system was approved by the Federal Works Administrator on August 2, 1947. A.R. Vol. 24, Item 101 (FEIS) at 1-14 to 15. It appears that sometime in 1955, several reports and official transmittals were prepared in which the various purposes of the interstate highway system, i.e. to facilitate civil defense and alleviate urban traffic problems, were reiterated. See FEIS at 1-15. Pursuant to the Federal Aid Highway Act and its purposes, the State Highway Department in New Jersey proposed 1-287 on or about March 24, 1955 to the Bureau of Public Roads (BPR) (the predecessor of FHWA). Id. at 1-15-16. It is undisputed that the following accurately describes the proposed project: The proposed action consists of the completion of Interstate Route 287 in the northern New Jersey Counties of Morris, Passaic, and Bergen, as well as Rockland County in New York. This project would complete the last gap remaining in the 87-mile circumferential route serving the New York City Metropolitan Area, including northeastern New Jersey (refer to Figure I — 1, “Regional Map and Study Area”). The subject section is approximately 20.6 miles in length and extends from the present terminus of 1-287 at U.S. Route 202 in Montville Township, Morris County, to the New York State Thruway (1-87) in Suffern, New York. The proposed highway will consist of three lanes in each direction (six lanes total) separated by a variable width median from Route U.S. 202 in Montville to Colonial Road in Franklin Lakes. From Colonial Road north to an interchange with the New York State Thruway, the highway will consist of two lanes in each direction separated by a variable width median. Access to the road will be fully controlled so that vehicles will be able to enter or exit only at interchange areas. Design of the highway will comply with all appropriate Interstate Highway design standards. [FEIS at ii]. After noting the necessity of the proposed project in a review of the proposal not designated as part of the Administrative Record, on September 15, 1955, BPR approved FAI Route 104, now Route 1-287 for inclusion on the national system of interstate highways. The processing of the 1-287 project began in the early 1960’s with the identification of three general corridors. Corridor 1, which is identified (in the FEIS) as the westerly alternative (sometimes referred to as the River Route); Corridor 2, which is identified (in the FEIS) as the easterly alternative; and Corridor 3, which is located to the east of Corridor 2. DEIS at 28; FEIS at 1-12. A 1964 location study not designated as part of the Record but provided to the plaintiffs and to the court, recommended the elimination of Corridor 1 because it would not provide sufficient service and could not economically meet geometric design criteria. This study also recommended the elimination of Corridor 3 because of its serious disruption to housing and schools due to the more developed area in which it was located and that Corridor 2 be further studied. DEIS at 28; FEIS at I-12. In 1965 and 1966 Corridor 2 was studied in further detail as presented in the location studies prepared by the engineering firms of Goodkind and O’Dea, Inc. and Howard, Needles, Tammen and Bergen-doff, Inc. These studies are not designated by defendants in the Administrative Record. The location report prepared by Goodkind and O’Dea, Inc. reflected a study of proposed 1-287 from Main Road, Mont-ville to the Paterson-Hamburg Turnpike. The report prepared by Howard, Needles, Tammen and Bergendoff, Inc. studied the proposed location of 1-287 from the Paterson-Hamburg Turnpike to the New Jersey-New York State line in Mahwah. These studies addressed a total of seven major alternatives and recommended the basic easterly alternative. According to the DEIS and FEIS two additional alignment variations of the easterly alternative were then studied in the eastern area of Camp-gaw Reservation in an effort to reduce parkland takings but were abandoned because of their extraordinary impacts upon residential areas. DEIS at 29-32; FEIS at 1-12 and 13. In 1965-66, a series of three corridor or location hearings were held. In response to the comments at the public hearings, the westerly alternative was further investigated and was the result of a location study prepared by the engineering firm of Howard, Needles, Tammen and Bergendoff, Inc. in 1967. This study presented a cost-benefit analysis which favored the easterly alternative over the westerly. DEIS at 32-33; FEIS at 1-13. On April 19, 1968, the New Jersey Department of Transportation (NJDOT) requested that FHWA approve the easterly alternative. This request came in the form of a letter from Keith Rosser, NJDOT Director of Planning, to Mr. Robert I. Kel-lum, Division Engineer, FHWA. This letter contained a detailed history of the studies undertaken to date and the reasons for the alignment selection. This request for approval of the easterly alternative was also accompanied by a resolution of the Mayor and Council of the Borough of Oakland (originally .one of the plaintiffs in this suit) which strongly recommended approval of the easterly alternative based upon an independent traffic study conducted for the Borough of Oakland by Travers Associates Consultants. A March 18,1968 letter from Travers Associates to the Borough of Oakland Council accompanied the resolution and indicates that their, traffic study reaffirmed NJDOT’s findings and supported a recommendation that the construction of 1-287 was “most appropriate in relation to the overall regional network — in terms of existing roadways, presently planned roadways and possible and likely future additions to the network.” A.R.Vol. 1 Item 1 (April 19, 1968 letter with attachments). On October 29, 1968 the easterly alternative was approved by FHWA as stated in a letter from R.I. Kellum, FHWA, to David J. Goldberg, Commissioner of Transportation. The approval letter also authorized NJDOT to proceed with final design work, A.R.Vol. 1, Item 1, with the understanding that the state would enlist local officials in an overall planning effort. Id. In 1969, the National Environmental Policy Act (“NEPA”), 42 U.S.C. § 4321 et seq. was passed by Congress. The Act mandated the preparation of an environmental impact statement (EIS) for all major federal actions significantly affecting the environment. See my discussion infra. NEPA became effective on January 1, 1970. On August 24, 1971 the FHWA established guidelines for implementing NEPA (Policy and Procedure Memorandum 90-1/Trans-mittal 202). A.R.Vol. 1, Item 5 at 3. Because the 1-287 project had not advanced beyond the design stage, it was determined that it was subject to NEPA’s requirements and that the guidelines required the implementation of the EIS process and preparation of an EIS. In 1972 NJDOT initiated environmental studies associated with the preparation" of an EIS. The consulting firms of Howard, Needles, Tammen and Bergendoff as well as Goodkind and O’Dea, Inc. were retained in this regard. A.R. Vol. 1, Items 6 and 7. Defendants and their predecessors were initially disinclined to hold new corridor or location studies as part of the process of reexamination under NEPA. A.R. Vol. 1, Item 9. On August 13, 1973 the Federal-Aid Highway Act was amended, to require the holding of new corridor hearings on the 1-287 proposal. A.R. Vol. 1, Item 11. Specifically, the so-called Roe Amendment provides in pertinent part: The Secretary of Transportation shall permit no further action on Interstate Route 1-287 .between Montville and Mah-wah, New Jersey, until new corridor hearings are held. A.R., Vol. 1, Item 11. As a result of the passage of the Federal-Aid Highway Act of 1973, an analysis of new alternatives was incorporated into the environmental review process and into the preparation of a draft environment impact statement (DEIS). FEIS at 1-13; A.R. Vol. 1, Item 12. On April 11, 1974, the environmental consulting firm of S.J. Rosen Associates, Inc. was retained for the purpose of preparing the DEIS, pursuant to FHWA Guidelines for the Implementation of Section 102(2)(c) of the National Environmental Policy Act of 1969; 49 U.S.C. § 1653(f); 16 U.S.C. § 470f; Section 309 of the Clean Air Act of 1970; and 23 U.S.C. § 109(i), including the Section 4(f) requirements of the Department of Transportation Act of 1966 as amended. A.R. Vol. 1, Item 13 (agreement between New Jersey and S.J. Rosen Associates, Inc.). During preparation of the environmental studies and DEIS, NJDOT met with public and private groups in all municipalities affected by the project, as well as with regional, state, and federal agencies and other groups affected by 1-287, to discuss the status of the project, its impacts, and community concerns and suggestions. A.R. Vol. 3, Item 24, at 385, 390-403 and Appendix B; Vol. 1, Items 14-16 (letters received from local governmental agencies including plaintiffs). See Vol. 38 (Community Comments and Responses, 1972-1974). The FHWA monitored NJDOT’s progress on the DEIS through meetings, correspondence and review of early versions of the document. A.R. Vol. 1, Items 12-18; Vol. 2, Item 22. This monitoring included making general comments on the DEIS/4(f) statement and specifically addressing issues concerning air quality, water quality, noise levels, and construction impacts. A.R. Vol. 2, Item 22. On May 1 and June 13, 1975, NJDOT submitted the required schedules and supporting information to FHWA in compliance with the provisions later codified at 23 C.F.R. § 476.108 (1979) assuring that 1-287 will be completed in accordance therewith. A.R. Vol. 32, Item 7. FHWA certified the Tri-State Regional Planning Commission pursuant to 23 U.S.C. § 134 and the implementing regulations now found at 23 C.F.R. § 450.100 et seq. (1982). These provisions require: that each urbanized area, as a condition to the receipt of federal capital or operating assistance, have a continuing, cooperative, and comprehensive transportation planning process that results in plans and programs consistent with the comprehensively planned development of the urbanized area. [23 C.F.R. § 450.100. See §§ 450.102 and 122]. A.R. Vol. 2, Item 21. In September 1975, the Tri-State Regional Planning Commission (the Metropolitan Planning Organization for the Tri-State region pursuant to 23 U.S.C. § 134) issued its regional transportation plan entitled Maintaining Mobility. This plan listed 1-287 as a priority project in that it called for early implementation, noting that completion of the circumferential bypass around the metropolitan area would relieve local roads of traffic into and through developing suburban communities. A.R. Yol. 2, Item 23 at 37; FEIS at V-104. No evidence was cited in support of this conclusion and plaintiffs dispute its accuracy citing to technical studies prepared by the EPA and by their own experts. On September 17, 1975, NJDOT submitted the completed draft environmental impact statement to FHWA for concurrence. The DEIS was approved and signed by John Kessler, Jr., FHWA Division Administrator, on September 26, 1975. A.R. Vol. 3, Item 24. The DEIS was then circulated for public comment on October 1, 1975. See FEIS at 1-13. On October 6, 1975, FHWA submitted the DEIS to the Council on Environmental Quality (CEQ) for its comments. On October 17, 1975, CEQ published a notice in the Federal Register advising on the DEIS’s submission. A.R. Vol. 4, Items 26 and 27. The draft environmental impact statement consists of two volumes. The first volume contains four hundred (400) pages of analysis and diagrams together with a draft § 4(f) statement and a section containing references. Volume 2 of the DEIS contains four appendices comprised of area maps; correspondence; a tabulation of average daily emissions of air pollutants; and methodology of sound study. A.R. Vol. 3, Item 24. It is not accompanied by independent Technical Studies, instead incorporating such material into the body of the document. See A.R. Vol. 3, Item 24; Affidavit of F. Howard Zahn, filed May 10, 1984 at 12. Although the format and contents of the draft environmental impact statement directly track the language of the relevant procedural requirements of § 102(2)(C) of NEPA, 42 U.S.C. § 4332(2)(c), plaintiffs strenuously contest the adequacy of the DEIS. See infra. The DEIS describes, inter alia, (a) the proposed project and its location (p. 15-23); (b) the need for and history of the project (p. 29-37); (c) existing environmental conditions in the project area (p. 38-104); (d) land use planning (p. 105-114); (e) significant regional environmental impacts (p. 115-160); (f) alternatives and their impacts (p. 161-355); (g) probable adverse environmental impacts which cannot be avoided or reduced to acceptable levels (p. 367-372); (h) the relationship between local short-term uses of man’s environment and the maintenance and enhancement of long-term productivity (p. 373-378); and (i) the irreversible and irretrievable commitments of resources (p. 379-384). It describes 23 alternatives for the 1-287 project, including the “do nothing” alternative. The 22 build alternatives were obtained by combining three basic sets of alternative routes: the easterly alternative, the westerly alternative (both of which include variations of the basic easterly and westerly corridors) and several crossover alternates. The DEIS also documents the consideration and rejection of other alternatives including the use of mass transit, the location of a highway corridor outside the studied corridor, postponement of the proposed action, reconstruction and upgrading of existing facilities, and fifteen (15) alternate alignments considered in the earlier location studies. See DEIS at 8-11. The DEIS also includes a draft § 4(f) study, mandated by § 4(f) of the Department of Transportation Act, as amended, 49 U.S.C. § 1653(f) (recodified at 49 U.S.C. § 303) and later restated at 23 U.S.C. § 138, regarding the impact of the various alternatives on park and recreation lands, the existence of prudent and feasible alternatives to the use of such lands, and describing plans to minimize harm to lands for which no prudent and feasible alternative exists. A.R. Vol. 3, Item 24. On October 16, 1975, a predecessor complaint (Civil Action No. 75-1792) and order to show cause were filed on behalf of the Borough of Franklin Lakes against William T. Coleman, Jr., then Secretary of the US-DOT and Allan Sagner, then Commissioner of NJDOT. A.R. Vol. 43, Item 2. The complaint, inter alia, sought to enjoin the 1975 public hearings based upon a claim that the hearing format precluded the plaintiffs from participating in the decision-making process. On October 23, 1975, a similar complaint (Civil Action No. 75-1833) and order to show cause for a preliminary injunction were filed by the Township of Wayne against the same defendants as in the Franklin Lakes suit. A.R. Vol. 43, Item 3. These cases were consolidated and dismissed without prejudice pursuant to the opinion and order of Judge Stern as reflected in the November 6, 1975, transcript of proceedings. A.R. Vol. 43, Item 5. Judge Stem’s dismissal of the Borough of Franklin Lakes, et al. v. William T. Coleman, Jr., et al., matter was based upon an agreement that the scheduled 1975 public hearings would remain open for at least one week (November 10 through November 14, 1975) during which time the plaintiffs had the right to examine relevant documents and to informally question up to five persons having some relationship to the documents in question. In addition to the rights conferred by Title 23, plaintiffs had the opportunity to make a submission of additional material and expert reports which they deemed relevant to the issues up until ninety (90) days following the close of the public hearing. A.R. Vol. 43, Item 5 at 38. Public information centers were established by NJDOT on November 2, 1975, in Pequannock; on November 5 in Wayne; and on November 6 in Mahwah to provide additional information concerning the project and to inform the public regarding the procedures for making oral and written comments in conjunction with the upcoming public hearings. FEIS at V-7. Public corridor hearings on the draft EIS were held on November 10 and 14, 1975, at the Indian Hills High School in Oakland, New Jersey, A.R. Vol. 4, Item 28A; Vol. 5, Item 28B (transcript of hearings); Vol. 18, Item 78D (Appendix), pursuant to the requirements of the FAHA. See 23 U.S.C. § 128; 23 C.F.R. § 790.3. NJDOT certified to the Federal Highway Administration, in accordance with 23 U.S.C. § 128(a), that the public hearings were held at a convenient location for the purpose of enabling people to express opinions and that NJDOT considered the economic and social effects of the project, its impact on the environment, and its consistency with the goals and objectives of the urban planning of the affected communities. A.R. Vol. 4, Item 28A. In response to the circulation of the DEIS, numerous comments were submitted by the general public, affected communities, and state and federal agencies. The comments relating to the preferred alternate were later summarized and responded to in the PFEIS at V-8 to 35. The comments and responses were divided into the following categories: 1. Project Need 2. Transportation and Traffic 3. Social Economics 4. Park and Open Spaces 5. Aesthetics 6. Quality of Life 7. Prehistoric and Historic Resources 8. Water Quality 9. Natural Ecosystems 10. Aquatic and Wildlife Resources 11. Noise 12. Air Quality A comment summary and the responses are reproduced in the FEIS at V-105 to 131. In addition, A.R. Vol. 39 contains correspondence and letters of comment submitted by the affected communities and organizations in response to the draft EIS. A summary of official agency comments as well as a reproduction of the official agency comments and responses thereto are contained in the PFEIS at V-36 to 78 and in the FEIS at V-132 to 174. Comments addressing other alternatives are included in an appendix to the supporting technical studies. A.R. Vol. 18, Item 78D. The comments regarding the DEIS ranged from complimentary, see, e.g., A.R. Vol. 39 at 76, 77, to highly critical. See findings of fact regarding plaintiffs’ individual claims infra. Plaintiffs contend inter alia that defendants’ responses to these critical comments were inadequate under governing law. See discussion infra. On October 6, 1976, NJDOT Commissioner Alan Sagner advised the Federal Highway Administration that the NJDOT Transportation Planning Board approved a preferred alignment consisting of the alternate 2-westerly-WC crossover-easterly combination as the preferred alignment. Commissioner Sagner stated: In making this selection efforts were made to accommodate the recommendations of many citizens and various Federal and State agencies to avoid the significant negative impacts on the Ramapo River.... In making this selection we have avoided the most controversial sections of the eastern and western alignments and therefore selected an alignment which we believe has the least adverse impacts and the least objections. A.R. Vol. 6, Item 35, also found at A.R. Vol. 32, Item 14. Commissioner Sagner further stated that: [Additional traffic studies will be comprehensive because many of the criticisms and comments questioned need for the project. With new traffic data we shall weigh very carefully the no-build with the preferred alignment, thus treating in the Final EIS an evaluation between the no-build and the build. Our evaluation of the no-build will also be carried through the other studies for the Final EIS. This will permit a full identification and disclosure of the impacts associated with building or not building the route. Id. at 2. See also A.R. Vol. 28, Item 5 (1-287 Task Force Committee recommendations regarding alignment selection). On November 23,1976, John J. Kessler, Jr., FHWA Division Administrator, concurred in NJDOT’s plan to proceed with the project for the purpose of advancing the final environmental impact statement. A.R. Vol. 6, Item 35, also found at A.R. Vol. 32, Item 15. On April 29, 1976, Commissioner Alan • Sagner of NJDOT wrote to Governor Brendan T. Byrne requesting de-designation of 1-287 and 1-95 pursuant to 23 U.S.C. § 103(e)(4). A.R. Vol. 28, Item 3. This letter discusses inter alia changed conditions and the limited capital available for state transportation. In urging de-designation of 1-287, Commissioner Sagner observed that the strongest argument for the proposed project was “not transportation but economic and of questionable validity.” Early in 1976, Governor Byrne determined that 1-287 should not be de-designated. Rather, the Governor directed NJDOT to proceed with the completion of an environmental impact statement for 1-287 and declared that his administration was committed to the completion of the Interstate Highway System. A.R. Vol. 42, Item 127 (press release dated May 27, 1976). As set forth in the FEIS, a request to withdraw or de-designate a section of a highway from the Interstate System is addressed to the U.S. Secretary of Transportation. The final decision is within the Secretary’s sound discretion. A.R. Vol. 24, Item 101; FEIS at V-13 to V-15. Any such request must demonstrate that the segment is not important for defense purposes, is not essential to a unified system, and will not adversely affect the “connectivity” of the remaining system: Clearly, the decision to approve the withdrawal of an Interstate segment is at the discretion of the U.S. Secretary of Transportation and must be based on an independent evaluation of the segment. Several factors must be considered in a withdrawal request, including whether the segment is important for national defense purposes. Once defense needs are considered, the principal Federal decision in an Interstate withdrawal is the determination that the segment is not essential to a unified and connected Interstate system. This decision is made on the basis of transportation needs. In addition, another primary concern in an essentiality decision is to assure that the remaining system continues to retain connectivity, and will continue to provide all necessary links for the reasonable movement of people and goods either through or around the area of the withdrawal. Id. As also set forth in the final EIS, it is unlikely that these requisite determinations could be made with regard to the remaining 1-287 gap: Recent correspondence from the FHWA and from former Secretary of Transportation Goldschmidt indicate that any action to dedesignate this segment of 1-287 would not be supported. The proposed project is considered as an important (essential) link in the circumferential routing around the New York Metropolitan area. Further, the Department of Defense has recently reaffirmed the need for I-287’s completion. Therefore, only if transportation needs can be satisfied and Interstate system connectivity can be maintained following the withdrawal of a segment of Interstate highway, could it be considered as a non-essential link. Based on this criteria, and in light of supporting traffic studies and a review of the traffic system network, it is considered highly unlikely that 1-287 would be considered non-essential if a withdrawal request were made. This would prohibit substitute funding being made available for other transportation projects. Id. at FEIS V-14. See also A.R. Vol. 27, Item 119 (letter of Goldschmidt dated February 15,1980); correspondence from William J. Vichiconti, Mayor of Franklin Lakes to Governor Thomas Kean and Governor Kean’s response dated October 28, 1983 (appended to State Defendants Brief in Response to Plaintiffs Compilation of Point Briefs as Exhibits D and E). Despite the approval of the “easterly alternative prior to the passage of NEPA and the FAHA, in August of 1976, after Governor Byrne had decided not to support de-designation of 1-287, NJTPB issued a report recommending that an FEIS be prepared through consultation with the Bureau of Environmental Analysis which would “recommend, select, and be prepared for the 2-westerly-W-C crossover-easterly combination alignment.” See Vol. 28, Item 5; Vol. 24 at 1-13. On October 6, the recommended preferred alignment was forwarded to the FHWA which ultimately concurred on November 23, 1977. See A.R. Vol. 33, Item 17. Studies on the need for completion of the Interstate System, and alternative methods of meeting that need, were made by both the FHWA and NJDOT. In October of 1976, the FHWA published an Interstate Gap Study to provide a uniform method of identifying gaps in the Interstate System as required by Section 102 of the Federal Aid Highway Act. A.R. Vol. 29, Item 11 (attachment). The Study identified gaps in the system and selected as priorities those routes which it found would provide continuity in the “interurban system” while avoiding highly congested areas. Id. at pp. 1-2. This study lists 1-287 as one of these routes. Id at Appendix B, Table 1(a) at B-4. Also in 1976, contemporaneously with Governor Byrne’s press release, NJDOT conducted several additional studies concerning the feasibility and desirability of deleting 1-287 from the Interstate System. A.R. Vol. 28, Item 4 (Interstate Deletions/Interim Report, March 11, 1976); Vol. 29, Item 11 (Memorandum from Howard Zahn to Commissioner Louis J. Gam-baccini regarding feasibility of withdrawing 1-287, November 16, 1978); Vol. 29, Item 12 (1-287 Interstate Deletion Report, November, 1978). These studies noted that there is presently no interstate routing which handles through trips between western New Jersey and the upstate New York area, and that trips between western New Jersey and portions of eastern Pennsylvania to New England can only be made on highly congested routings through New York City and its surrounding urban area. See A.R. Vol. 29, Item 11 at 3. They also recognized that the level of local intra-ur-ban service is currently inadequate. Finally, the studies determined that “[wjhile I-287 will not facilitate all of the intraurban trips in the corridor, it will significantly improve the level of intraurban service.” Id. at 4. See also the 1-287 Interstate Deletion Report which describes the congestion of routes along the 1-287 corridor and the difficulties associated with upgrading those routes. A.R. Vol. 29, Item 12. Plaintiffs, of course, contest these conclusions. See discussion infra. In its November 1976 issue of Maintaining Mobility, the Tri-State Regional Planning Commission again called 1-287 a priority project and called for its early implementation. A.R. Vol. 6, Item 34 at 43. Work on the'final EIS/4(f) was initiated in 1977. The engineering and environmental consulting firm of Louis Berger and Associates, Inc. was retained on April 18, 1977 to do the following: (a) undertake technical studies; (b) prepare technical support documents; (c) prepare the final EIS: (d) prepare a 4(f) statement; (e) review all of the comments to the DEIS: (f) participate in a community involvement program; and (g) participate in status and data collection meetings as set forth in the agreement entered into between the Commissioner of Transportation and Lewis Bergen and Associates, Inc. The agreement required that the technical reports associated with this project include: (a)a social economic study; (b) a water resources and ecology study; (c) traffic studies; (d) a mass transit alternative study; (e) an energy consumption analysis; (f) a construction impacts analysis; (g) an archaeological/historic site study. A.R. Vol. 6, Item 37. See A.R. Vol. 6, Item 36 (press release). Beginning in 1977 and continuing through 1978, Public Information Centers were established throughout the area to be affected by proposed 1-287. These centers constituted part of the continued community involvement program. A.R. Vol. 33, Items 16 and 17; FEIS at V-7. In April of 1978, Congressman Robert Roe publicly proposed an alignment which was different from those alternatives presented in the DEIS. This alignment was to the west of portions of the then preferred alternative. This alignment was developed in consultation with “mayors, councilmen, freeholders, Congressional representatives and other public officials ... in the northern part of the State of New Jersey.” A.R. Vol. 28, Item 7 (Congressman Roe’s press release attached to NJDOT’s Environmental Assessment of I-287A); A.R. Vol. 24, Item 101, FEIS at 1-13; Vol. 7, Item 43. The communities of Mahwah, Oakland, Wanaque, Bloomingdale, Pequannock, Franklin Lakes and Pompton Lakes supported the Roe Alignment. PFEIS at V-5 and 6. The “Roe Alignment” was presented to defendants for consideration approximately two years after the close of the public comment period, as extended by Judge Stern, following the November 1975 public hearings. Id.; see also A.R. Vol. 4, Item 25; A.R. Vol. 43, Item 5 at 38. On April 14, 1978 NJDOT completed preliminary environment assessment of the alternative proposed by Congressman Roe, also known as I-287A. The assessment noted that I-287A is a westerly alignment which shifts the route of the roadway into the mountains and away from developed areas. The study reported that the northern section of I-287A would require a massive taking of parkland, and the southern and middle sections of the alternate would increase the impacts associated with woodlands and wildlife habitat. The assessment recommended that further engineering studies be undertaken to determine the feasibility and costs of building the I-287A alternate. A.R. Vol. 28, Item 7. On May 5, 1978 NJDOT completed a design analysis, or engineering assessment, of the Roe alignment for that portion of the alternate from Montville to Lake Inez, or the southern half of the proposed route. This preliminary study noted that the suggested alternate would require an excessive amount of climbing lanes and would also require that two 3,000 foot long tunnels be bored, at an additional cost of $20 million, all due to the topograph of I-287A. The study concluded that maintenance costs for these tunnels would be approximately $350,000 per year, over and above normal maintenance costs. A.R. Vol. 28, Item 8. On May 25, 1978, FHWA requested that NJDOT submit a “method, of analysis” of the Roe Alignment. A.R. Vol. 32, Item 17. On May 31,1978 in Mahwah, and on June 20,1978 in Lincoln Park, NJDOT conducted two public informational hearings to update the public on the status of NJDOT’s technical studies, and to solicit comments regarding NJDOT’s preferred alignment of 1-287 and the Roe Alternative. The overwhelming response was in favor of the Roe Alternative. Those speakers favoring the Roe Alignment asserted that I-287A was preferable because it was developed in concert with the affected municipalities, impacted less severely upon residential and commercial areas than the preferred alignment, was the most westerly alignment and traversed more open space, as opposed to taking people’s homes, and had less of an impact upon potable water resources. Conversely, those speakers favoring the preferred alignment asserted that 1-287A would be destructive, costly and unnecessary. Specifically, these speakers maintained that I-287A would take or threaten 20 to 30 residences along Jacksonville Road, that the proposed tunnel would be too costly and environmentally disasterous, that construction costs for I-287A are four times greater than the preferred alignment, and that I-287A would require a longer construction period causing greater inconvenience to residents, and resulting in inflationary costs. A.R. Yol. 33, Item 22. On or about July 13, 1978, pursuant to the Natural Areas System Act, N.J.S.A. 13:1B-I5.12a et seq., the New Jersey Department of Environmental Protection (NJDEP) included within the Natural State Forest an area known as the Ramapo Lake natural area. N.J.A.C. 7:2-11.22(b)7, 10 N.J.R. 328(d). This area was designated to permit recreation activities appropriate to the area and is bounded on the north by Skyline Drive, on the east and west by the limits of the forest, and on the south by the 1-287 right of way of the Department of Transportation. Pursuant to the Natural Areas System Act, “no land in the system may be leased, sold or exchanged or be taken by any corporation, public or private, nor shall timber thereon be sold, removed or destroyed, nor minerals extracted, except by authorizing special legislation.” N.J.S.A. 13:1B-I5.12a7. The proposed route of the Roe Alignment was to pass directly through this designated natural system area. A.R. Vol. 33, Item 26. However no special legislation authorizing the acquisition of this land was ever enacted by the New Jersey state legislature. On August 30, 1978 NJDEP Commissioner Daniel J. O’Hern advised NJDOT Commissioner Gambaccini of NJDEP’s opinion of the environmental impacts of the northern section of the Roe Alignment, and the westerly alternative north of the Wanaque River crossing (also known as the River route). A.R. Yol. 34, Item 38. Commissioner O’Hern stated that NJDEP had not to this point supported any particular alignment, but had gone on record in opposition to the River Route along the Ramapo River valley. He further advised NJDOT that on a “conceptual basis,” NJDEP favors a cor-. ridor which would utilize the W-C crossover from the westerly alternative on the south to the easterly alternative on the north, consistent with NJDOT’s preferred alignment. Noting that the DEIS had failed to provide the necessary specifics, Commissioner O’Hern indicated that a formal position would be forthcoming upon a review of the final environmental impact statement. Id. Moreover, Commissioner O’Hern “emphatically” objected to any alignment which would significantly encroach upon the Ramapo mountain wilderness, and noted the “unique and irreplaceable resources” of the skyland’s region and that DEP had set about acquiring lands under the mandate of the State’s Green Acres Program. Id. See Natural Areas System Act, N.J.S.A. 13:1B-I5.12a, et seq. Commissioner O’Hern also noted that in addition to the parkland issues raised by the Roe Alignfnent, serious environmental consequences would occur if the highway were to be constructed along the Ramapo ridges. The Commissioner noted the following among the potential adverse environmental impacts: (a) the destruction of trout production streams at their headwaters; (b) the disruption to wildlife habitat by severing wildlife migration corridors; (c) the worsening of Ramapo River flooding problems; (d) the destruction of the sense of peace and serenity in the wilderness through the introduction of highway noise; (e) the inducement of undesirable secondary development within an environmentally sensitive region. Therefore, O’Hern concluded, in light of these effects, and Section 4(f) of the Department of Transportation Act: The Roe alignment would appear to run counter to the national policy. In fact, it would be most difficult for you or the Federal Highway Administration to support the Roe alignment in the face of the Section 4(f) guiding statement that park-lands shall be avoided unless ... “there is no feasible and prudent alternative to the use of such lands.” Your own studies indicate that such alternatives do exist. In conclusion, I would urge you to seek alternatives to both the Roe alignment and the River Route in that the likelihood that you would be able to obtain the necessary approvals to acquire a right-of-way through the public parkland is, in my judgment, nonexistent. Id., at page 2. On August 16, 1978, NJDOT Commissioner Gambaccini advised Congressman Robert Roe that NJDOT would request an extension of time within which to file an FEIS, in order that the Roe Alignment may be more fully addressed. A.R. Vol. 32, Item 10. On or about August 17, 1978, NJDOT’s Commissioner Louis J. Gambacci-ni requested of FHWA an extension of time from the October 1, 1978 deadline for the submission of the FEIS/4(f) Statement. On August 23, in response to this request, FHWA notified NJDOT that: [I]t is consistent with Federal Highway Administration (FHWA) policy to submit a final environmental impact statement (EIS) more than 3 years after the draft EIS was circulated, provided however the proposal is substantially similar to route alignments presented as alternatives in the draft EIS and provided the impacts are not significantly different than those identified in the draft. If the New Jersey Department of Transportation (DOT) concludes that the above conditions exist, the final EIS may be completed and submitted to FHW on or about February 1, 1979, as proposed in your letter. If FHWA agrees with the Department’s determination and the final EIS is otherwise satisfactory, it will be processed in accordance with normal procedures. If FHWA does not agree, it will be necessary to revise or supplement the draft EIS. A.R. Vol. 32, Item 19. Nevertheless, NJDOT submitted a document purporting to be a FEIS/4(f) Statement on the project to FHWA on September 29, .1978, just one day short of 3 years following the circulation of the DEIS/4(f) Statement. A.R. Vol. 32, Item 20. However, NJDOT further informed FHWA that it was undertaking an evaluation of the Roe Alignment and that it would submit this evaluation on or about February 1, 1979. A.R. Vol. 32, Item 20; Vol. 28, Item 9. Between September 29, 1978 and October 5, 1978 NJDOT and FHWA concluded that consideration of the Roe Alignment (1-287A) should be in the FEIS as opposed to a supplement. See findings of fact of Judge Lacey in prior proceedings dated December 15, 1980 at A.R. Vol. 43, Item 11 at 4. For this reason, John J. Kessler, FHWA Division Administrator, returned the FEIS to NJDOT by cover letter dated October 5, 1978. This letter stated: Your September 29 letter transmitting the Environmental Impact Statement for 1-287 states that the Department is currently evaluating the alternate alignment suggested by Congressman Roe (1-287A) and will make a final decision on the location upon completion of the evaluation. We believe that the alignment recommended in the EIS should present the final decision on location. Accordingly the EIS is hereby returned. We suggest that it be resubmitted when the evaluation of alignment 1-287A has been completed and a final decision can be made. A.R. Vol. 32, Item 21. Beginning in October 1978, NJDOT engaged in an indepth review and an analysis of the Roe Alignment. Specifically, NJDOT prepared a study of the impact of the Roe Alignment on parklands, A.R. Vol. 34, Item 49, and other environmental sites, A.R. Vol. 34, Items 48 and 51, and Vol. 32, Item 22. Moreover, NJDOT engaged in a study to analyze the Roe Alignment from its engineering, social and economic aspects, to be included in the FEIS. A.R. Vol. 33, Item 33. In November 1978, prior to the submission of a final environmental impact statement, NJDOT conducted a further investigation into the feasibility and desirability of designating 1-287. A.R. Vol. 33, Items 34, 35 and 36; A.R. Vol. 29, Items 11 and 12. On January 19, 1979, NJDOT issued its analysis of the Roe Alignment, 1-287A. This study concluded that 1-287A was not a reasonab