SIERRA CLUB v. LARSON

No. 88-2175.

882 F.2d 128 (1989)

SIERRA CLUB, Plaintiff-Appellant, v. Leon LARSON, Regional Administrator; Federal Highway Administration; D.J. Algobelli, Administrator; Elizabeth Dole, Secretary, Department of Transportation; Walter P. Ragin, Chief Commissioner, South Carolina Department of Highways and Public Transportation; State of South Carolina, Defendants-Appellees.

United States Court of Appeals, Fourth Circuit.

Decided August 17, 1989.


Attorney(s) appearing for the Case

Stephen E. O'Day (Hurt, Richardson, Garner, Todd & Cadenhead, Atlanta, Ga., Frederick S. Middleton, III, Southern Environmental Law Center, on brief) for plaintiff-appellant.

Douglas Neal Letter (John R. Bolton, Asst. Atty. Gen., Washington, D.C., Vinton DeVane Lide, U.S. Atty., Columbia, S.C., Leonard Schaitman, Marleigh D. Dover, Civ. Div., Dept. of Justice, Washington, D.C., on brief), William Lane Todd, Asst. Chief Counsel (Victor S. Evans, Chief Counsel, South Carolina Dept. of Highways and Public Transp., Columbia, S.C., on brief), for defendants-appellees.

Before HALL and WILKINSON, Circuit Judges, and DOUMAR, United States District Judge for the Eastern District of Virginia, sitting by designation.


DOUMAR, District Judge:

In this case the Sierra Club (appellant) seeks judicial review of certain agency action conducted by the Federal Highway Administration (FHWA) and the United States Department of Transportation (appellees). The Sierra Club appeals the decision by the district court granting appellees' motion for judgment on the pleadings and finding that the agency action in question was not subject to judicial review...

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