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National Trust for Historic Preservation in the United States v. Adams

ELR Citation: 11 ELR 20785
Nos. No. 80-1022, 639 F.2d 781/(4th Cir., 01/23/1981)

The Fourth Circuit Court of Appeals affirms the lower court's ruling that since the proposed widening of a South Carolina highway is purely local in nature, there is no need to comply with federal environmental laws. In addition to the proposed widening, the project would require removal of 28 trees. Although there was no federal involvement in this project, appellants argue that federal funds may be required to further widen the highway at a later time. The court rejects this argument, holding that the possibility of future federal funding of an entirely different project is insufficient by itself to constitute a federal nexus requiring compliance with the National Environmental Policy Act (NEPA), National Historic Preservation Act (NHPA), and §4(f) of the Department of Transportation Act. The court also rejects appellants' policy argument that the state should not be allowed to circumvent the requirements of NEPA and NHPA intentionally because the record is devoid of any evidence of such a deliberate intention. The court also declines to disturb the district court's imposition of a $56,000 surety for a stay pending appeal, noting that the imposition of a bond is discretionary. The district court did not abuse its discretion because appellants waived their right to raise the bond issue on appeal by failing to object in the district court.

Counsel for Appellants
Robert N. Rosen
Rosen, Oberman & Rosen
P.O. Box 1223, Charleston SC 29402
(803) 577-6726

Gary R. Lamberson
2121 Cosgrove Ave., Charleston SC 29405
(803) 554-9994

Counsel for Appellees
Ellison D. Smith IV
Long & Smith
P.O. Box 1112, Charleston SC 29402
(803) 577-4520

Perry Buckner
Wise, Cole & Pearlman
P.O. Drawer O, Charleston SC 29402
(803) 577-7032

Tom Lydon, U.S. Attorney; Lincoln C. Jenkins III, Ass't U.S. Attorney
P.O. Box 973, Charleston SC 29402
(803) 724-4381

James D. Billett, Regional Counsel; James E. Scapellato, Ass't Regional Counsel
Region 4, Federal Highway Administration, Suite 200, 1720 Peachtree Rd. NW, Atlanta GA 30309
(404) 881-4078

Mary Slocum, Richard D. Bybee, Ass't Attorneys General; Daniel R. McLeod, Attorney General
Box 11549, Columbia SC 29211
(803) 758-3970

Before Ingraham,* Hall, and Ervin, JJ.