DEFENDERS OF WILDLIFE; National Wildlife Refuge Association, Plaintiffs-Appellants,
v.
NORTH CAROLINA DEPARTMENT OF TRANSPORTATION; Anthony J. Tata, Secretary, North Carolina Department of Transportation; Federal Highway Administration; John F. Sullivan, III, Defendants-Appellees, and
Cape Hatteras Electric Membership Corporation, Intervenor/Defendant-Appellee.
United States Court of Appeals, Fourth Circuit.https://leagle.com/images/logo.png
Argued: May 13, 2014.
Decided: August 6, 2014.
Attorney(s) appearing for the Case
ARGUED: Julia Furr Youngman , Southern Environmental Law Center, Chapel Hill, North Carolina, for Appellants. Robert Lundman , United States Department of Justice, Washington, D.C.; John Foster Maddrey , North Carolina Department of Justice, Raleigh, North Carolina, for Appellees. ON BRIEF: Nicholas S. Torrey , Southern Environmental Law Center, Chapel Hill, North Carolina; Jason C. Rylander , Defenders of Wildlife, Washington, D.C., for Appellants. Ethan G. Shenkman , Acting Principal Deputy Assistant Attorney General, United States Department of Justice, Washington, D.C.; Thomas G. Walker , United States Attorney, Matthew L. Fesak , Assistant United States Attorney, Environment & Natural Resources Division, Office of the United States Attorney, Raleigh, North Carolina; Roy Cooper , Attorney General, Scott T. Slusser , Special Deputy Attorney General, Thomas D. Henry , Assistant Attorney General, Colin A. Justice , Assistant Attorney General, North Carolina Department of Justice, Raleigh, North Carolina, for Appellees.
Affirmed in part, reversed in part, and remanded by published opinion. Judge WYNN wrote the opinion, in which Judge DUNCAN and Judge CHILDS joined.
United States Court of Appeals, Fourth Circuit.
WYNN, Circuit Judge:
At the heart of this case are the past and future of the Outer Banks, barrier islands along North Carolina's Atlantic coast. For decades, the Herbert C. Bonner Bridge ("Bonner Bridge") has provided highway access between mainland North Carolina and the Outer Banks's Hatteras Island. But the effects of time threaten the structural integrity of the Bonner Bridge, while large storms and changing coastal...
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