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Providence Rd. Community Ass'n v. EPA

Citation: 12 ELR 21044
No. No. 81-1621, 683 F.2d 80/18 ERC 1742/(4th Cir., 07/01/1982) Aff'd

The court affirms a district court ruling, 11 ELR 20780, upholding the Environmental Protection Agency's (EPA's) decision not to prepare an environmental impact statement (EIS) concerning construction of a sewage treatment plant in Union County, North Carolina. The court rules that EPA did not act arbitrarily in deciding that an EIS was unnecessary. The Agency prepared an environmental impact assessment and addressed during the planning process every concern raised by appellants. Although EPA was less than forthright in giving notice of the proposed plant, it complied with the federal requirements for public participation and in fact received and considered appellants' comments prior to deciding that an EIS was not required.

Counsel for Appellants
B. Garrison Ballenger Jr., John N. Hunter
Hovis & Hunter
200 Law Bldg., Charlotte NC 28202
(704) 376-6519

Counsel for Appellees
Laura E. Frossard, Jacques B. Gelin
Land and Natural Resources Division
Department of Justice, Washington DC 20530
(202) 633-2740

Hall joined by Sprouse and Doumar,* JJ.