ELR Citation: ELR 20529
No(s). 91-8036 (5th Cir. Jan 17, 1992)

The court holds that two highway projects in Austin, Texas, are not major federal actions subject to the National Environmental Policy Act (NEPA). The court first holds that the case is ripe for judicial review, because the projects have left the drawing board and have entered varied stages of construction. The court next holds that early coordination with the eligibility requirements for federal funding does not constitute a "proposal" for a "major federal action" under NEPA. The projects were undertaken by state authorities without substantive federal supervision, authorization, commitment, or control, and will never be subject to review or approval by a federal agency. The court also holds that the state did not segment a larger project in an attempt to circumvent the application of NEPA.

Counsel for Plaintiffs-Appellees-Cross-Appellants
David O. Frederick
2103 Rio Grande, Austin TX 78705
(512) 478-1968

Counsel for Defendants-Appellant-Cross-Appellees
Rodney D. Parrott
P.O. Box 12548, Capitol Station, Highway Div., Austin TX 78711
(512) 463-2004

Before CLARK, Chief Judge, WILLIAMS, and BARKSDALE, Circuit Judges.^*