ELR Citation: ELR 20556
No(s). 12-73-R (E.D. Va. May 7, 1973)

A state-funded inner city expressway does not become a federal project for NEPA purposes solely because state officials have failed to foreclose their option to acquire federal funding in the future, or because a connecting highway is federally funded. This is true despite the state highway commissioner's admission that federal funds were deliberately applied so as to avoid environmental controversy and despite the conditioning of federal funding for the highway on state construction of the connector expressway. The highway and expressway individually serve rational needs and therefore are not a single project, but even if they were, the extent of federal involvement is insufficient to require adherence to federal law. An individual may sue for an injunction to prevent a specific injury caused by conduct that violates the Refuse Act. However, the Rivers and Harbors Act requirements do not apply to highway construction in a canal filled and abandoned since 1880. Plaintiff's request for an injunction is denied.

Counsel for Plaintiffs
Bernard S. Cohen
Cohen & Rosenbloom Ltd.
110 N. Royal St.
Alexandria, VA 22314

Counsel for Defendant Richmond Metropolitan Authority
R. Harvey Chappell, Jr.
Christian, Barton, Parker, Epps & Brent
12th Floor Mutual Building
Richmond, VA 23219

James Saul Assistant City Attorney
City Hall
Ruchmond, VA 23219

Counsel for Defendant Virginia Highway Commissioner
Stuart Dunn Assistant Attorney General
911 E. Broad Street
Richmond, VA 23219

Counsel for Federal Defendants
Rodney Sager Assistant U.S. Attorney
Rm 311 Post Office Bldg.
Richmond, VA 23219