Summary
In Carolina Action v. Simon, 552 F.2d 295, 296 (4 Cir. 1975), the Fourth Circuit rejected the plaintiff's argument that the Secretary of the Treasury was under a duty pursuant to NEPA and the Revenue Sharing Act to submit an environmental impact statement before disbursing revenue sharing funds earmarked by the local recipients for several capital improvements.
Summary of this case from Goolsby v. BlumenthalOpinion
No. 75-1253.
Argued April 8, 1975.
Decided June 25, 1975.
Thomas F. Loflin, III, Durham, N.C. (Ann F. Loflin, Loflin Loflin, Durham, N.C., on brief), for appellant.
Rufus L. Edmisten, Atty. Gen., and William H. Guy, Associate Atty., N.C. Dept. of Justice, on brief for amicus curiae Atty. Gen. of N.C.
John T. Morrisey, Sr., Raleigh, N.C., and Charles Ronald Aycock, Raleigh, on brief for amicus curiae N.C. Ass'n of County Commissioners.
Edward R. Slaughter, Jr., and Jay T. Swett, McGuire, Woods Battle, Charlottesville, Va., on brief for amicus curiae National Ass'n of Counties.
Michael A. McCord, Atty., U.S. Dept. of Justice (Wallace H. Johnson, Asst. Atty. Gen., N. Carlton Tilley, Jr., U.S. Atty., Ronald V. Shearin, Asst. U.S. Atty., Raymond N. Zagone, Atty., U.S. Dept. of Justice, on brief), for appellee William E. Simon.
W. I. Thornton, Jr., City Atty. (Rufus C. Boutwell, Jr., Douglas A. Johnston, Asst. City Attys., on brief), for appellee City of Durham.
Robert D. Holleman, Durham, N.C., for appellee County of Durham.
Appeal from the United States District Court for the Middle District of North Carolina.
The question on appeal is whether disbursement by the Secretary of the Treasury of revenue sharing funds under the State and Local Fiscal Assistance Act of 1972, 31 U.S.C. § 1221 et seq., is major federal action substantially affecting the environment so as to require preparation of an environmental impact statement. The question arises in the context of the proposed new County Judicial Building and new City Hall in Durham, North Carolina.
The district court dismissed the action brought by the appellant for failure to state a claim upon which relief can be granted. Rule 12(b)(6), Fed.R.Civ.P. For the reasons stated by Judge Gordon in an excellent memorandum opinion we hold that the National Environmental Policy Act, 42 U.S.C. § 4321 et seq., does not apply to a project in which the only federal participation is the distribution of revenue sharing funds to aid local communities in financing the project. The decision below will be
Affirmed.