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CATAWBA RIVERKEEPER FOUNDATION v. NC DOT

No. 15-2285.

843 F.3d 583 (2016)

CATAWBA RIVERKEEPER FOUNDATION; Clean Air Carolina, Plaintiffs-Appellees, v. NORTH CAROLINA DEPARTMENT OF TRANSPORTATION; Nicholas J. Tennyson, in his official capacity as Secretary of NCDOT, Defendants-Appellants, and Federal Highway Administration; John F. Sullivan, in his official capacity as Division Administrator of FHWA, Defendants.

United States Court of Appeals, Fourth Circuit.

Decided: December 13, 2016.

Attorney(s) appearing for the Case

ARGUED: Scott Thomas Slusser , NORTH CAROLINA DEPARTMENT OF JUSTICE, Raleigh, North Carolina, for Appellants. Kimberley Hunter , SOUTHERN ENVIRONMENTAL LAW CENTER, Chapel Hill, North Carolina, for Appellees. ON BRIEF: Roy Cooper , Attorney General, NORTH CAROLINA DEPARTMENT OF JUSTICE, Raleigh, North Carolina, for Appellants. Ramona H. McGee , SOUTHERN ENVIRONMENTAL LAW CENTER, Chapel Hill, North Carolina, for Appellees.

Vacated and remanded with instructions by published opinion. Judge Diaz wrote the opinion, in which Judge Duncan and Judge Keenan joined.

This appeal involves the proposed construction of the Gaston East-West Connector,1 a 22-mile toll road in North Carolina spanning from southeast Gaston County to west Mecklenburg County with new crossings over the South Fork and Catawba Rivers. The Catawba Riverkeeper Foundation and Clean Air Carolina...

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