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N.C. WILDLIFE FEDERATION v. N.C. DEPT. OF TRANSP.

No. 11-2210.

677 F.3d 596 (2012)

NORTH CAROLINA WILDLIFE FEDERATION; Clean Air Carolina; Yadkin Riverkeeper, Plaintiffs-Appellants, v. NORTH CAROLINA DEPARTMENT OF TRANSPORTATION; Eugene Conti, Secretary of the North Carolina Department of Transportation; Federal Highway Administration; John F. Sullivan, Division Administrator, Federal Highway Administration, Defendants-Appellees.

United States Court of Appeals, Fourth Circuit.

Decided: May 3, 2012.

Attorney(s) appearing for the Case

ARGUED: Frank S. Holleman, III , Southern Environmental Law Center, Chapel Hill, North Carolina, for Appellants. Seth Morgan Wood , Office of the United States Attorney, Raleigh, North Carolina; Scott Thomas Slusser , North Carolina Department of Justice, Raleigh, North Carolina, for Appellees. ON BRIEF: Chandra T. Taylor , Kimberley Hunter , J. David Farren , Southern Environmental Law Center, Chapel Hill, North Carolina, for Appellants. Roy Cooper , Attorney General, Raleigh, North Carolina, for Appellees North Carolina Department of Transportation and Eugene Conti, Secretary of the North Carolina Department of Transportation; Thomas G. Walker , United States Attorney, Raleigh, North Carolina, for Appellees Federal Highway Administration and John F. Sullivan , Division Administrator, Federal Highway Administration.

Vacated and remanded by published opinion. Judge MOTZ wrote the opinion, in which Judge SHEDD and Judge AGEE joined.

OPINION

DIANA GRIBBON MOTZ, Circuit Judge:

The North Carolina Department of Transportation and the Federal Highway Administration (collectively "the Agencies") recently approved construction of a new twenty-mile toll road in North Carolina linking Mecklenburg and Union Counties—the Monroe Connector Bypass. Seeking to enjoin construction of the toll road, the North Carolina Wildlife Federation, Clean Air Carolina, and Yadkin Riverkeeper (collectively...

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