Hawthorn Environmental Preservation Association v. William T. Coleman
This text of 551 F.2d 1055 (Hawthorn Environmental Preservation Association v. William T. Coleman) is published on Counsel Stack Legal Research, covering Court of Appeals for the Fifth Circuit primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.
Opinion
10 ERC 1176, 7 Envtl. L. Rep. 20,391
HAWTHORN ENVIRONMENTAL PRESERVATION ASSOCIATION et al.,
Plaintiffs-Appellees,
v.
William T. COLEMAN, Secretary of the United States
Department of Transportation, et al., Defendants,
Thomas D. Moreland, Commissioner of the Georgia Department
of Transportation, Defendant-Appellant.
No. 76-2795.
United States Court of Appeals,
Fifth Circuit.
May 9, 1977.
Arthur K. Bolton, Atty. Gen., Roland F. Matson, Asst. Atty. Gen., Robert S. Stubbs, II, Exec. Asst. Atty. Gen., Richard L. Chambers, 1st Asst. Atty. Gen., Marion O. Gordon, Senior, Asst. Atty. Gen., Daniel M. Bennie, Asst. Reg. Counsel, Atlanta, Ga., Edmund B. Clark, Chief, Appellate Court, Lands Div., Dept. of Justice, Washington, D. C., for defendant-appellant.
Steven E. Fanning, George C. Rosenzweig, Atlanta, Ga., for plaintiffs-appellees.
Before GODBOLD and CLARK, Circuit Judges, and HOFFMAN,* District Judge.
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.
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551 F.2d 1055, 7 Envtl. L. Rep. (Envtl. Law Inst.) 20391, 10 ERC (BNA) 1176, 1977 U.S. App. LEXIS 13491, Counsel Stack Legal Research, https://law.counselstack.com/opinion/hawthorn-environmental-preservation-association-v-william-t-coleman-ca5-1977.