SIERRA CLUB v. HASSELL

No. 80-7565.

636 F.2d 1095 (1981)

SIERRA CLUB et al., Plaintiffs-Appellants, v. John S. HASSELL, Jr., etc., et al., Defendants-Appellees.

United States Court of Appeals, Fifth Circuit. Unit B

February 13, 1981.


Attorney(s) appearing for the Case

Larry T. Menefee, Mobile, Ala., Sarah Chasis, Natural Resources Defense Council, Inc., New York City, Frederick S. Middleton, III, Sierra Club Legal Defense Fund, Lee Bishop, Washington, D. C., for plaintiffs-appellants.

William A. Kimbrough, Jr., U. S. Atty., Mobile, Ala., Jerry Jackson, Cleveland Thornton, Lois J. Schiffer, Attys., Dept. of Justice, Lands Div., Appellate Sec., Washington, D. C., for John S. Hassell, Jr., et al.

Charles A. Graddick, Atty. Gen., Larry U. Sims, Champ Lyons, Jr., Sp. Asst. Attys. Gen., Mobile, Ala., for Fob James, Governor of Ala. and Rex Rainer, Highway Director of Ala.

Larry U. Sims, Champ Lyons, Jr., Mobile, Ala., for intervenor Dauphin Island Property Owners Assn. et al.

Before SIMPSON, RONEY and THOMAS A. CLARK, Circuit Judges.


RONEY, Circuit Judge:

In this action appellants seek to enjoin construction of a federally-funded bridge which will connect Dauphin Island to the Alabama mainland. The original bridge was destroyed in 1979 by Hurricane Frederic. The district court denied injunctive relief, holding that appellees complied with the National Environmental Policy Act of 1969, 42 U.S.C. § 4321 et seq. (1970) (NEPA), and with Executive...

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