Carolina Action v. Simon

No. 75-1253 (4th Cir. June 25, 1975)

Affirming the district court's dismissal for failure to state a claim upon which relief can be granted, the court holds that NEPA does not apply to a project in which the only federal participation is the distribution of revenue sharing funds to aid local communities in financing the project. For the district court memorandum opinion, see 5 ELR 20338.

Counsel for Plaintiffs
Thomas F. Loflin, III
Ann S. Loflin
Loflin, Anderson, Loflin and Goldsmith
119 Orange St.
Durham, N.C. 27701

Counsel for Defendants
W. Carlton Tilley, Jr. US Attorney
Ronald Shearin Asst. US Attorney
United States Courthouse
Greensboro, N.C. 27402

William I. Thornton, Jr. City Attorney
Municipal Building
Durham, N.C. 27701

Robert D. Holleman County Attorney
First Federal Building Durham, N.C. 27702

[5 ELR 20450]

Per curiam

The question on appeal is whether disbursement by the Secretary of the Treasury of revenue sharing funds under the State and Local Fiscal Assistance Act of 1972, 31 U.S.C. 1221, et seq., is major federal action substantially affecting the environment so as to require preparation of an environmental impact statement. The question arises in the context of the proposed new County Judicial Building and new City Hall in Durham, North Carolina.

The district court dismissed the action brought by the appellant for failure to state a claim upon which relief can be granted. Rule 12(b)(6), Fed. R. Civ. P. For the reasons stated by Judge Gordon in an excellent memorandum opinion we hold that the National Environmental Policy Act, 42 U.S.C. 4321, et seq., does not apply to a project in which the only federal participation is the distribution of revenue sharing funds to aid local communities in financing the project.The decision below will be AFFIRMED.