NATIONAL WILDLIFE FED. v. APPALACHIAN REG. COM'N

No. 79-2349.

677 F.2d 883 (1981)

NATIONAL WILDLIFE FEDERATION, Appellant, v. APPALACHIAN REGIONAL COMMISSION, et al.

United States Court of Appeals, District of Columbia Circuit.

Decided March 19, 1981.


Attorney(s) appearing for the Case

Charles H. Montange, Washington, D. C., with whom David G. Burwell, Washington, D. C., was on the brief for appellant. Russell H. Carpenter, Jr., Washington, D. C., also entered an appearance for appellant.

James T. Draude, Atty., Dept. of Justice, Washington, D. C., with whom James W. Moorman, Asst. Atty. Gen. and Jacques B. Gelin, Atty., Dept. of Justice, Washington, D. C., were on the brief for appellee, Federal Cochairman.

Robert L. McCloskey, Washington, D. C., for appellee, Appalachian Regional Commission.

Before BAZELON, Senior Circuit Judge, ROBB and WILKEY, Circuit Judges.


Opinion for the Court filed by Circuit Judge WILKEY.

WILKEY, Circuit Judge:

The major issue presented on this appeal is whether the National Environmental Policy Act of 1969 (NEPA) requires a programmatic environmental impact statement for an ongoing, but mostly completed, federally assisted highway development project. The highways in question were conceived in 1965, well before the passage of NEPA, and are now in place, under construction, or planned...

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