Hawthorn Environmental Preservation Ass'n v. Coleman

551 F.2d 1055, 10 ERC 1176

• Court: Court of Appeals for the Fifth Circuit
• Decided: May 9, 1977
• Docket: No. 76-2795
• Status: Published

Opinion

PER CURIAM:

This is an appeal from the district court’s granting of a preliminary injunction¹ restraining the state of Georgia from proceeding with the construction of a portion of a highway near Newnan, Georgia, without first preparing an environmental impact statement under the National Environmental Policy Act of 1969² and complying with other federal and state requirements. We have considered the interrelation between the Phase I and Phase II portions of the highway construction involved, the issue of segmentation, and the problem of when the federal imprimatur attaches to a state highway project. Under the limited review of an appeal from a temporary injunction, Morgan v. Fletcher, 518 F.2d 236, 239 (CA5, 1975), we find no misapplication of the law or abuse of discretion by the district judge.

AFFIRMED.

1 . 417 F.Supp. 1091 (N.D.Ga., 1976).

2 . 42 U.S.C. §§ 4331 et seq.