ELR Citation: ELR 20249
No(s). 72-1413 (4th Cir. May 15, 1972)

Where the United States Attorney asserts that a highway project is entirely a "state project," the plaintiffs must show the eventuality of federal participation in order to bring the project within the ambit of a "major federal action" referred to in NEPA. Complete implementation of the nation's environmental policy requires that NEPA's present gaps be filled by state and local legislation. Because of the necessary limitations on discovery in the proceeding below, Carven, J., would remand for further inquiry into the extent of federal involvement. The partial preliminary injunction pending appeal is vacated.

Counsel for Plaintiffs-Appellants
George S. Daly, Jr.
Hugh G. Casey, Jr.
Casey & Daly
Law Building
Charlotte, NC 28202

Counsel for Defendants-Appellees
Charles R. Buckley, III
Office of the City Attorney
600 East Trade Street
Charlotte, NC 28202

Before Craven and Russell, Circuit Judges, and Blatt, District Judge