ELR Citation: ELR 20170
No(s). C-C-72-31 (W.D.N.C. Mar 24, 1972)

In a suit to enjoin various highway undertakings that originated in a citywide highway master plan developed with federal aid, the court holds that a NEPA environmental impact statement is required only for those undertakings that individually receive federal aid and that have not yet reached construction. A highway widening project that is part of the master plan but which otherwise has never received federal assistance is not sufficiently "federal" to warrant the application of NEPA. A segment of interstate highway already under construction is not enjoined but the court retains jurisdiction to assure that, to the extent possible, the construction is consistent with social and environmental values.

Counsel for Plaintiff
Hugh G. Casey
808 Law Building
Charlotte, NC

Counsel for Defendant
David Sentelle Asst. U.S. Attorney
U.S. Courthouse
Charlotte, NC