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Matthews, Town of v. Department of Transp.

ELR Citation: 7 ELR 20339
Nos. No. C-C-76-211, (W.D.N.C., 03/29/1977)

The court enjoins acquisition of land and construction of highway improvements pending preparation of an adequate environmental impact statement (EIS) under the National Environmental Policy Act. Plaintiff has standing to bring this suit under City of Davis v. Coleman, 5 ELR 20633 (9th Cir. 1975). The evidence and 23 C.F.R. §771.10(e) amply support the contention that the project is a major federal action significantly affecting the quality of the human environment for which a full EIS is required. Defendants were thus mistaken contending that a negative declaration under 23 C.F.R. §771.11 is sufficient compliance with the requirements of the Act.

Counsel for Plaintiff
Hugh G. Casey Jr.
Casey, Daly & Bennett
700 Law Bldg., Charlotte NC 28202
(704) 376-7461

Counsel for Defendants
Keith Snyder, U.S. Attorney
P.O. Box 132, Asheville NC 28802
(704) 258-2850

James W. Richmond, Special Deputy Attorney General
Justice Bldg., Raleigh NC 27602
(919) 829-3377