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MARYLAND CONSERVATION COUNCIL, INC. v. GILCHRIST

No. 86-3967.

808 F.2d 1039 (1986)

MARYLAND CONSERVATION COUNCIL, INC., Quince Orchard Valley Citizens Association, Inc., West Riding Citizens Association, Inc., Appellants, v. Charles GILCHRIST, as County Executive of Montgomery County, Lewis Roberts, as Chief Administrative Officer of Montgomery County, Robert McGarry, as Director of Montgomery County Department of Transportation, John J. Clark, as Director of Transportation Planning for Montgomery County Department of Transportation, Robert Merryman, as Chief, Division of Transportation Engineering, Montgomery County Department of Transportation, Appellees.

United States Court of Appeals, Fourth Circuit.

Decided December 22, 1986.

Rehearing and Rehearing Denied March 4, 1987.

Attorney(s) appearing for the Case

David S. Eggert (Timothy J. Lindon, Neil M. Goodman; Arnold & Porter, Washington, D.C., Edwin V. Dutra, on brief), for appellants.

Diane R. Kramer, Asst. Co. Atty. (Paul A. McGuckian, Rockville, Md., on brief), for appellees.

Before WINTER, Chief Judge, ERVIN, Circuit Judge, and BUTZNER, Senior Circuit Judge.

Rehearing and Rehearing En Banc Denied March 4, 1987.

HARRISON L. WINTER, Chief Judge:

The Maryland Conservation Council and two other citizens' groups sought to enjoin officials of Montgomery County, Maryland from authorizing further construction of a highway allegedly designed to pass through Seneca Creek State Park. The plaintiffs alleged, inter alia, that the County's construction program violated the National Environmental Policy Act (NEPA), 42...

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