SPILLER v. WHITE

No. 02-50956.

352 F.3d 235 (2003)

Ethel SPILLER; et al., Plaintiffs, Marian Collins; Barton Springs/Edwards Aquifer Conservation District; David Robertson, Plaintiffs-Appellants, City of Austin, Intervenor Plaintiff-Appellant, v. Thomas E. WHITE, Etc.; et al., Defendants, Thomas E. White, in his official capacity as Acting Secretary of the Department of the Army; Norman Y. Mineta, Secretary, Department of Transportation; Christine T. Whitman, Administrator, United States Environmental Protection Agency; United States of America, Defendants-Appellees, Longhorn Partners Pipeline LP, Defendant-Appellee.

United States Court of Appeals, Fifth Circuit.

Rehearing Denied January 12, 2004.


Attorney(s) appearing for the Case

Renea Hicks (argued), Law Office of Max Renea Hicks, R. James George, Jr., Rachael Anne Rawlins, George & Donaldson, Ben J. Cunningham, Galton, Cunningham & Bourgeois, Austin, TX, for Plaintiffs-Appellants.

Connie W. Odé (argued), El Prado, NM, David Allan Smith, Sedora Jefferson, Austin, TX, for City of Austin.

Stephanie Tai (argued), Lori Caramanian, Gen. Lit. Section, U.S. Dept. of Justice, Environment & Natural Resources Div., Washington, DC, for White, Mineta, Whitman and U.S.

Barry F. Cannaday (argued), Martin P. Averill, Jenkens & Gilchrist, Dallas, TX, for Longhorn Partners Pipeline LP.

Before JOLLY, SMITH and EMILIO M. GARZA, Circuit Judges.


E. GRADY JOLLY, Circuit Judge:

Before this court is the joint decision of two government agencies not to conduct a full-scale environmental impact study of the environmental effects of a proposal to use a pre-existing pipeline to transport gasoline and other petroleum products across the state of Texas. The government agencies did perform an initial environmental assessment but declined to engage in any further studies after concluding that the environmental...

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