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Florida Wildlife Fed'n v. Goldschmidt

Citation: 10 ELR 20406
No. No. 77-3349, 611 F.2d 547/(5th Cir., 02/07/1980)

The Fifth Circuit remands for dismissal as moot an action seeking to enjoin further funding or construction of a highway segment because of alleged violations of the National Environmental Policy Act. No stay pending appeal was sought, and the disputed segment has been substantially completed in the interim. The court notes that there is no evidence that environmental factors were not considered in the planning process and emphasizes that two extensive environmental reassessments and a negative declaration had in fact been prepared for the challenged highway segment. When the challenged project has been substantially completed during appeal, a suit such as this to enjoin continuation of construction pending preparation of an environmental impact statement is moot.

Counsel for Plaintiff-Appellants
F. Wallace Pope Jr.
Johnson, Blakely, Pope, Bokor & Ruppel
911 Chestnut St., Clearwater FL 33517
(813) 461-1818

Counsel for Defendant-Appellees
Nancy B. Firestone
Land and Natural Resources Division
Department of Justice, Washington DC 20530
(202) 633-2757

James W. Anderson
Department of Transportation
Haydon Burns Bldg., Tallahassee FL 32304
(904) 488-9425

J. Patrick McElroy
Harrison, Greene, Mann, Rowe, Stanton & Mastry
10th floor, Florida Federal Bldg., St. Petersburg FL 33701
(813) 461-0220

Larry D. Browne, Ass't City Attorney
214 Municipal Bldg., St. Petersburg FL 33701
(813) 893-7401

Before THORNBERRY, GODBOLD and TATE, Circuit Judges.