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College Gardens Civic Ass'n v. Department of Transp.

Citation: 12 ELR 20681
No. No. 81-2085, 676 F.2d 691/17 ERC 1175/(4th Cir., 03/22/1982) Aff'd

The court affirms a district court decision, 12 ELR 20237, that the National Environmental Policy Act is inapplicable to a locally funded roadway project in Rockville, Maryland. The lower court properly determined that the roadway has independent utility apart from a larger circumferential highways system in which there is federal involvement. As a separate project, the roadway involves no plans requiring federal approval. In addition, the lower court did not abuse its discretion in refusing to exercise pendent jurisdiction over plaintiffs' claims under state law.

Counsel are listed at 12 ELR 20237.

Before Phillips, Murnaghan, and Sprouse, JJ.