ELR Citation: ELR 20132
No(s). 72-2197 (4th Cir. Feb 8, 1973)

The district court has an obligation to review the merits of a substantive agency decision to determine if it was rendered after a full, good-faith consideration of environmental factors made under the standards set forth in §101 and §102 of the National Environmental Policy Act. This case is to be remanded since the district court merely determined that the agency acted in a procedurally correct manner. The district court is to issue immediately a preliminary injunction to restrain and prevent any action that might further change the environment.

Counsel for Plaintiff
Norman B. Smith
P.O. Box 1842
Greensboro, NC 27402

Counsel for Defendant
Larry G. Gutteridge
Department of Justice
Washington, DC 20006

Counsel for Intervenors, City of Durham and Town of Chapel Hill
Emery B. Denny, Jr.
Haywood, Denny & Miller
111 Corcoran Street Building
Durham, NC 27701

Counsel for Intervenors, City of Fayetteville and Cumberland County
Rudolph G. Singleton, Jr.
Nance, Singleton, Collier, Kirkman & Herndon
First Union National Bank Building
Fayetteville, NC 28302