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Carolina Action v. Simon

Citation: 5 ELR 20338
No. No. C-74-330-D, 389 F. Supp. 1244/7 ERC 1807/(M.D.N.C., 02/28/1975)

NEPA does not apply to the construction of a new judicial building and city hall since the only federal participation involved is the distribution of general revenue-sharing funds to finance the project. The Council on Environmental Quality's guidelines for the preparation of environmental impact statements explicitly recognize the nonapplicability of NEPA to projects financed with revenue-sharing funds. CEQ's emergent role under the Warm Springs decision as the authoritative interpreter of NEPA's requirements only reinforces this conclusion. An examination of the Revenue Sharing Act and its legislative history further supports this view, since NEPA is conspicuously absent from the list of laws and requirements with which revenue sharing grants must comply.

Counsel for Plaintiff
Thomas F. Loflin, III
Ann S. Loflin
Loflin, Anderson, Loflin & Goldsmith
119 Orange Street
Durham, N.C. 27701

Cousel for Defendants
N. Carlton Tilley, Jr. U.S. Attorney
Ronald Shearin Asst. U.S. Attorney
U.S. Courthouse
Greensboro, N.C. 27402

William I. Thorton, Jr. City Attorney
Municipal Building
Durham, N.C. 27701

Robert D. Holleman County Attorney
First Federal Building
Durham, N.C. 27702