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SOUTH CAROLINA WILDLIFE FEDERATION v. LIMEHOUSE

No. 07-1431.

549 F.3d 324 (2008)

SOUTH CAROLINA WILDLIFE FEDERATION; South Carolina Coastal Conservation League; Audubon South Carolina, Plaintiffs-Appellees, v. H.B. LIMEHOUSE, Jr., Executive Director, South Carolina Department of Transportation, Defendant-Appellant, and Federal Highway Administration; Robert L. Lee, Division Administrator, Federal Highway Administration, Defendants.

United States Court of Appeals, Fourth Circuit.

Decided: December 5, 2008.

Attorney(s) appearing for the Case

ARGUED: Randolph R. Lowell, Willoughby & Hoefer, P.A., Columbia, South Carolina, for Appellant. James Blanding Holman, Southern Environmental Law Center, Charleston, South Carolina, for Appellees. ON BRIEF: Mitchell Willoughby, Tracey C. Green, Willoughby & Hoefer, P.A., Columbia, South Carolina, for Appellant. Geoffrey R. Gisler, Southern Environmental Law Center, Chapel Hill, North Carolina, for Appellees.

Affirmed by published opinion. Judge DUNCAN wrote the opinion, in which Judge MOTZ and Judge KING joined.

OPINION

DUNCAN, Circuit Judge:

The South Carolina Wildlife Federation and co-plaintiffs (collectively "SCWF") brought suit against federal and state agencies and agency directors, alleging violations of the National Environmental Policy Act ("NEPA"), 42 U.S.C. § 4321 et seq., arising from the proposed construction of the Briggs-DeLaine-Pearson Connector ("the Connector") in South Carolina. Relevant to this appeal, the Director of the South Carolina...

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