ELR Citation: ELR 20320
No(s). 71-2430 (5th Cir. May 31, 1972)

The National Environmental Policy Act may in certain situations be applied to ongoing highway undertakings, but not where construction of the highway was over four-fifths complete as of the effective date of the Act. The trial court's dismissal of the action is affirmed on appeal.

Counsel for Plaintiff
William H. Maness
603 Florida Theatre Building
128 E. Forsyth St.
Jacksonville, FL 32202

Counsel for Defendants
John D. Roberts Asst. U.S. Attorney
P.O. Box 59
Jacksonville, FL 32202

Edmund B. Clark Attorney
Department of Justice
Washington, DC 20530

Kirk D. Snel
Haydon Burns Building
Tallahassee, FL 32302

Before TUTTLE, GEWIN, and THORNBERRY, Circuit Judges.