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Citizens for Food & Progress v. Musgrove

Citation: 5 ELR 20677
No. No. 18726, 397 F. Supp. 397/(N.D. Ga., 05/02/1975)

This action for declaratory and injunctive relief seeks to halt planning and development of the West Georgia Limited Access Highway (WGLAH) and Interstate 185 pending compliance with the assertedly applicable requirements of the National Environmental Policy Act and §4(f) of the Department of Transportation Act. As a wholly state-planned project the WGLAH cannot be considered such a secondary impact of I-185 as to make it part of that federal project for NEPA purposes. As to I-185 itself, the plaintiff association has failed, despite the court's show cause order, to allege that it or its members have any direct and cognizable interest in its compliance with NEPA. The plaintiff and its members therefore lack standing to challenge I-185. The complaint is dismissed.

Counsel for Plaintiff
Richard A. Katz
46 Fifth Street, N.W.
Atlanta, Ga. 30308
(404) 892-3400

Counsel for Defendants
Arthur K. Bolton
Attorney General of Georgia
State Capitol
Atlanta, Ga. 30334