ELR Citation: ELR 20303
No(s). C-352-D-72 (M.D.N.C. Feb 20, 1973)

Even though federal funds have not yet been received, an injunction is granted against construction of a proposed expressway segment until the project is reviewed at public hearings and an impact statement prepared. The segment is part of the larger expressway where federal funds have been expended, and is thus subject to the National Environmental Policy Act. The injunction does not apply to other segments of the expressway already under construction, because the costs of delay would outweigh any prospective benefits.

Counsel for Plaintiffs
Jerry W. Leonard
115 1/2 West Morgan Street
Raleigh, NC 27603

Roger Smith
Durham Life Building
Raleigh, NC 27602

Counsel for Defendants
R. Roy Mitchell, Jr.
Nye & Mitchell
401 First Union Bank Building
Durham, NC 27701

James B. Richmond Assistant Attorney General
P.O. Box 629
Raleigh, NC 27602

William L. Osteen U.S. Attorney
P.O. Box 1858
Greensboro, NC 27402