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Civic Improvement Comm. v. Volpe

Citation: 2 ELR 20170
No. No. C-C-72-31, 4 ERC 1160/(W.D.N.C., 03/24/1972)

In a suit to enjoin various highway undertakings which originated in a city-wide highway master plan developed with federal aid, the court holds that a NEPA environmental impact statement is required only for those undertakings which individually receive federal aid and which have not yet reached construction. A highway widening project which is part of the master plan but which otherwise has never received federal assistance is not sufficiently "federal" to warrant the application of NEPA. A segment of interstate highway already under construction is not enjoined but the court retains jurisdiction to assure that, to the extent possible, the construction is consistent with social and environmental values.

Counsel for Plaintiff
Hugh G. Casey
808 Law Building
Charlotte, North Carolina

Counsel for Defendant
David Sentelle Asst. U.S. Attorney
U.S. Courthouse
Charlotte, North Carolina