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ELY v. VELDE

No. 71-1351.

451 F.2d 1130 (1971)

Hiram B. ELY et al., Appellants, v. Richard W. VELDE, Associate Administrator, Law Enforcement Assistance Administration, et al., Appellees, Natural Resources Defense Council, Amicus Curiae.

United States Court of Appeals, Fourth Circuit.

Decided November 8, 1971.

Attorney(s) appearing for the Case

Emanuel Emroch, Richmond, Va. (Emroch & Kauffman, Richmond, Va., on brief), for appellants.

Vann H. Lefcoe, Asst. Atty. Gen. of Virginia (Andrew P. Miller, Atty. Gen. of Virginia, and Anthony F. Troy, Asst. Atty. Gen. of Virginia, on brief), and Edmund B. Clark, Atty., Dept. of Justice (Shiro Kashiwa, Asst. Atty. Gen., John D. Helm, Atty., Dept. of Justice, Brian P. Gettings, U. S. Atty., and David G. Lowe, Asst. U. S. Atty., on brief), for appellees.

William Stanley, Jr., Richard B. Stewart, and Covington & Burling, Washington, D. C., on brief, for amicus curiae, National Trust for Historic Preservation in the United States.

Edward L. Strohbehn, Jr., Washington, D. C., on brief for amicus curiae, Natural Resources Defense Council.

Before HAYNSWORTH, Chief Judge, SOBELOFF, Senior Circuit Judge, and WINTER, Circuit Judge.

SOBELOFF, Senior Circuit Judge:

This appeal calls upon us to consider an alleged conflict between several recently-formulated federal policies. On the one hand, there is a congressional commitment against federal interference with a state's use of federal funds allocated to it for law enforcement; and, on the other, there are congressional mandates to all federal agencies to act so as to preserve and protect the natural environment and the historic and cultural foundations...

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