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.