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Mountainbrook Homeowners Ass'n v. Adams

Citation: 10 ELR 20352
No. No. 79-1543, 620 F.2d 754/(4th Cir., 05/16/1980) Aff'd

The Fourth Circuit Court of Appeals affirms the decision of the district court, 9 ELR 20686, dismissing an action seeking, inter alia, an injunction halting a federally funded highway project because of defendants' alleged failure to comply with the terms of the environmental impact statement (EIS) prepared for the project. The court rules thatthe National Environmental Policy Act does not authorize suits by private parties to enforce its provisions. Furthermore, the district court properly determined that the EIS prepared for the highway was in compliance with the Act. Finally, assuming arguendo that appellants had pleaded a proper cause of action, the district court was correct in ruling that the other prerequisites to injunctive relief were not present.

Counsel for Appellants
Robert B. Long Jr., David E. Matney III
Long, McClure, Parker, Hunt & Trull
P.O. Box 7053, Asheville NC 28807
(704) 258-2296

Counsel for Defendants
Harold M. Edwards, U.S. Attorney; Phillip Kelley, Ass't U.S. Attorney
P.O. Box 132, Asheville NC 28802
(704) 258-2850

Thomas H. Pacheco; James W. Moorman, Ass't Attorney General
Land and Natural Resources Division
Department of Justice, Washington DC 20530
(202) 633-2701

James B. Richmond; Rufus L. Edmisten, Attorney General
P.O. Box 25201, Raleigh NC 27611
(919) 733-4185