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SC WILDLIFE FEDERATION v. SC DEPT. OF TRANSP.

No. 2:06 CV 02528 DCN.

485 F.Supp.2d 661 (2007)

SOUTH CAROLINA WILDLIFE FEDERATION; South Carolina Coastal Conservation League; and Audubon South Carolina, Plaintiffs, v. SOUTH CAROLINA DEPARTMENT OF TRANSPORTATION; Tony L. Chapman, Acting Executive Director, South Carolina Department of Transportation; Federal Highway Administration; and Robert L. Lee, Division Administrator, Federal Highway Administration, Defendants.

United States District Court, D. South Carolina, Charleston Division.

April 16, 2007.

Attorney(s) appearing for the Case

J. Blanding Holman, IV, Chapel Hill, NC, for plaintiff.

Mitchell Myron Willoughby, Randy Lowell, Willoughby and Hoefer, Columbia, SC, Beth Drake, Asst. U.S. Atty., U.S. Attorneys Office, Columbia, SC, for defendant.

ORDER and OPINION

NORTON, District Judge.

This matter is before the court on defendants South Carolina Department of Transportation's (SCDOT) and Tony L. Chapman's1 motion to dismiss pursuant to Federal Rule of Civil Procedure 12(b)(6). Plaintiffs' suit alleges defendants failed to follow the environmental protection procedures mandated by the National Environmental Policy Act of 1969 (NEPA), 42 U.S.C. § 4321 et seq....

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