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Noe v. Metropolitan Atlanta Rapid Transit Auth.

Citation: 10 ELR 20247
No. No. C79-1434A, 485 F. Supp. 501/14 ERC 1248/(N.D. Ga., 03/04/1980)

The court dismisses a complaint seeking an injunction restraining the builder of a subway system from causing noise levels in excess of those predicted in the environmental impact statement prepared for the project. Finding nothing in the National Environmental Policy Act requiring defendants to abide by the particulars of the impact statement, the court dismisses the relevant count from the complaint. Since the remainder of plaintiff's claims are based on state law, the court concludes that it lacks jurisdiction over them and dismisses the case in its entirety.

Counsel for Plaintiff
Richard N. Hubert
Haas, Holland, Lipshutz, Levison & Gibert
2300 Harris Tower-Peachtree Center, 233 Peachtree St. NE, Atlanta GA 30303
(404) 688-2300

Counsel for Defendants
David G. Russell
Kutak, Rock & Huie
1200 Standard Federal Savings Bldg., Atlanta GA 30303
(404) 522-8700