Board of Supervisors v. Circuit Court of Dickenson County, Va.
Citation: 11 ELR 20146
No. No. 80-0282-B, 500 F. Supp. 212/15 ERC 1311/(W.D. Va., 11/14/1980)
The court holds that the Anti-Injunction Statute prohibits it from enjoining enforcement of a state court order that temporarily prohibits further action on a public housing project pending completion of a more thorough environmental impact statement (EIS) pursuant to the National Environmental Policy Act (NEPA). Under the Anti-Injunction Statute, a federal court may not enjoin a state court proceeding except where a federal statute expressly authorizes such action or under certain other circumstances not applicable in this case.After reviewing the legislative history, statutory language and relevant case law, the court concludes that NEPA does not create a specific and uniquely federal right or remedy that would be defeated except by enjoining the state court proceeding.
Counsel for Plaintiff
Benjamin F. Sutherland
P.O. Box 676, Clintwood VA 24228
Counsel for Defendant
James W. Elliott Jr.
White, Elliott & Bundy
P.O. Box 500, Abingdon VA 24210