Hawthorn Environmental Preservation Association v. Coleman

No. 76-2795 (5th Cir. May 9, 1977)

The Fifth Circuit affirms the lower court decision, 7 ELR 20060, preliminarily enjoining the State of Georgia from proceeding with construction of a highway without preparing a National Environmental Policy Act environmental impact statement. The trial judge did not misapply the law or abuse his discretion.

Counsel are listed at 7 ELR 20060.

Godbold, Clark & Hoffman,^* JJ.

[7 ELR 20391]

Per curiam:

This is an appeal from the district court's granting of a preliminary injunction¹ restraining the state of Georgia from proceeding with the construction of a portion of a highway near Newnan, Georgia, without first preparing an environmental impact statement under the National Environmental Policy Act of 1969² and complying with other federal and state requirements. We have considered the interrelation between the Phase I and Phase II portions of the highway construction involved, the issue of segmentation, and the problem of when the federal imprimatur attaches to a state highway project. Under the limited review of an appeal from a temporary injunction, Morgan v. Fletcher, 518 F.2d 236, 239 (CA5, 1975), we find no misapplication of the law or abuse of discretion by the district judge.

AFFIRMED.

* Senior District Judge of the Eastern District of Virginia, sitting by designation.

1. 417 F. Supp. 1091 (N.D.Ga., 1976).

2. 42 U.S.C. §§ 4331 et seq.