From Casetext: Smarter Legal Research

Pizitz, Inc. v. Volpe

United States Court of Appeals, Fifth Circuit
Oct 20, 1972
467 F.2d 208 (5th Cir. 1972)

Opinion

No. 72-1995.

July 11, 1972. As Amended October 20, 1972.

Dieter J. Schrader, Huntsville, Ala., for plaintiffs-appellants.

Lucian L. Smith, Jr., Legal Counsel, Ala. State Highway Dept., Ira DeMent, U.S. Atty., Kenneth E. Vines, Asst. U.S. Atty., Montgomery, Ala., for defendants-appellees.

Appeal from the United States District Court for the Middle District of Alabama.

Before TUTTLE, COLEMAN and CLARK, Circuit Judges.


This is an appeal from the refusal of the district court to enjoin substantial construction changes in an express highway artery at Huntsville, Alabama, on the alleged ground that the changes were being made without compliance with the applicable federal environmental statutes.

The weakness of the plaintiffs-appellants' case is that the work that was in process was a part of an approved design which, when it was approved, met all requirements. It contemplated each of the changes that are now being undertaken. While in some cases one might turn a sympathetic ear towards a contention that certain requirements of the national environmental protection act have retroactive application, it does not seem appropriate in a case like the present, as to which all standards required to be complied with had been completed when this specific project was originally approved.

The judgment is affirmed.


Summaries of

Pizitz, Inc. v. Volpe

United States Court of Appeals, Fifth Circuit
Oct 20, 1972
467 F.2d 208 (5th Cir. 1972)
Case details for

Pizitz, Inc. v. Volpe

Case Details

Full title:PIZITZ, INC., D/B/A PIZITZ, ET AL., PLAINTIFFS-APPELLANTS, v. JOHN A…

Court:United States Court of Appeals, Fifth Circuit

Date published: Oct 20, 1972

Citations

467 F.2d 208 (5th Cir. 1972)

Citing Cases

Tennessee Valley Authority v. Hill

This is particularly true where a statute enacts a new regime of regulation. For example, the presumption has…

Hill v. Tennessee Valley Authority

The approach we have taken has been suggested or followed in a number of cases dealing with the applicability…