Opinion · Court of Appeals for the Fifth Circuit

Hawthorn Environmental Preservation Association v. William T. Coleman

Hawthorn Env’t Pres. Ass’n v. William T. Coleman, 551 F.2d 1055 (5th Cir. 1977)

Type
Opinion
Court
Court of Appeals for the Fifth Circuit
Jurisdiction
Federal
Date
1977-05-09
Topic
general

551 F.2d 1055 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.

Citator

UpLaw has not yet analyzed Hawthorn Environmental Preservation Association v. William T. Coleman. The absence of a flag is not a finding that it is good law.

Cited by
3 opinions

551 F.2d 1055

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:

1

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.

2

AFFIRMED.

*

Senior District Judge of the Eastern District of Virginia, sitting by designation

1

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

2

42 U.S.C. §§ 4331 et seq