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Coalition for Responsible Regional Dev. v. Coleman

ELR Citation: 7 ELR 20359
Nos. No. 76-1400, 555 F.2d 398/10 ERC 1792/(4th Cir., 04/11/1977) Aff'd

The Fourth Circuit affirms a lower court's dismissal of a suit to enjoin construction of a bridge across the Ohio and Guyandotte Rivers at Huntington, West Virginia. After discussing the appropriate standard of review, the court rules that the environmental impact statement prepared by defendant in conjunction with its issuance of a federal permit for the project under the General Bridges Act adequately complied with the requirements of the National Environmental Policy Act. The Secretary set forth a number of valid reasons for determining that an alternative bridge site suggested by plaintiffs was not a "feasible and prudent" alternative, reasons for which there was clear support in the record. The Secretary also complied with the requirements of §4(f) of the Department of Transportation Act by making every possible effort to minimize harm from the bridge to a public park and with the provisions of §106 of the National Historic Preservation Act by determining that the project would have no effect on a nearby historic site.

Counsel for Plaintiff-Appellants
Ray E. Ratliff, Jr.
Kaufman & Ratliff
1018 Kanawha Blvd., E., Charleston WV 25301
(304) 344-2437

Counsel for Defendant-Appellees
John A. Field, III, U.S. Attorney; Ann Almy, Ray L. Hampton, II, Ass't U.S. Attorneys
Room 4006, Federal Bldg., 500 Quarrier St., Charleston WV 25301
(304) 344-3657

Edmund B. Clark, Kathryn A. Oberly
Department of Justice
Washington DC 20530
(202) 737-8200

Anthony Halkias, Director, Legal Division
West Virginia Department of Highways
State Office Bldg. No. 5, Charleston WV 25305
(304) 348-3203

Joined by Widner & Wyzanski,* JJ.