Opinion

Named Individual Members of the San Antonio Conservation Society v. The Texas Highway Department

  • 496 F.2d 1017
  • 4 Envtl. L. Rep. (Envtl. Law Inst.) 20643
  • 6 ERC (BNA) 1881
  • 1974 U.S. App. LEXIS 7037
Court
Court of Appeals for the Fifth Circuit
Filed
Aug 29, 1974
Status
Published
On the bench
Tuttle, Coleman, Ainsworth
Cited by
31 cases

no major federal action where state sought Army Corps of Engineers' opinion on effect of highway project on flood control and Corps responded it had no objection, but where there was no legal requirement that state seek Corps approval

How later courts described this case

  • no major federal action where state sought Army Corps of Engineers' opinion on effect of highway project on flood control and Corps responded it had no objection, but where there was no legal requirement that state seek Corps approval
  • NEPA no longer applied after Congress withdrew funding from what was previously a federally funded project, cert. denied, 420 U.S. 926, 95 S.Ct. 1123, 43 L.Ed.2d 396 (1975)
  • Army Corps of Engineers had no jurisdiction to approve or disapprove state-financed expressway project; therefore, their action did not trigger NEPA provisions
  • federal officials had no jurisdiction over highway project, and all federal funds for road had been returned; held, no federal action

Written by the judges who cited it.

The opinion

ON PETITION FOR REHEARING AND SUGGESTION OF REHEARING EN BANC

BY THE COURT:

A member of the Court in active service having requested a poll limited to the question of the allowance of attorney’s fees requested in this case, and a majority of the Judges in active service having voted in favor of granting a rehearing en banc solely on this issue, IT IS ORDERED that this issue of the request for attorney’s fees shall be reheard by the Court en banc with oral argument on a date hereafter to be fixed.

No member of this panel nor Judge in regular active service on the Court having requested that the Court be polled on rehearing en banc on the remaining issues [Rule 35 F.R.A.P.; Local Fifth Circuit Rule 12], the petition for rehearing and suggestion of rehearing en banc in all other respects is denied.

This is a copy of a public record, reproduced as it was published. It is not legal advice, and it may not be the version a court would rely on. Check the official source before you cite it.

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