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Southwest Williamson County Community Association, Inc. v. Slater

243 F.3d 270 (2001)

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Southwest Williamson County Community Association, Inc. v. Slater

United States Court of Appeals for the Sixth Circuit
243 F.3d 270 (2001)

SH

Facts

The Southwest Williamson County Community Association (the association) (plaintiff) filed suit alleging that federal and state officials (defendants) were violating the National Environmental Policy Act (NEPA) by continuing a state-funded highway project without obtaining an environmental assessment. The association sought a preliminary injunction halting the construction of the highway. Although the highway project received no federal funding, approval was required from various federal agencies for several sections of the highway project, including permits to cross streams and fill a wetland and approval of a right-of-way crossing a historic and federally protected scenic roadway. These sections were very limited and did not include the highway corridor. Federal agencies were afforded ample opportunity to communicate with and respond to the state before the state took any action to continue the project. The association alleged that, because these federal approvals were required, the project was a “major federal action” and therefore required an environmental assessment under NEPA. The district court denied the Association’s motion for a preliminary injunction, and the Association appealed.

Rule of Law

Issue

Holding and Reasoning (Moore, J.)

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Casebooks

Environmental Law

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