SAVE OUR SOUND OBX, INC.; Mark Haines; Jer Mehta; Glenn Stevens; David Hadley; Thomas Aschmoneit; Richard Ayella, Plaintiffs - Appellants,
v.
NORTH CAROLINA DEPARTMENT OF TRANSPORTATION; Federal Highway Administration; John F. Sullivan, III, in His Official Capacity as Division Administrator for the Federal Highway Administration; James H. Trogdon, III, in His Official Capacity as Secretary of the North Carolina Department of Transportation, Defendants - Appellees, and
Defenders of Wildlife; National Wildlife Refuge Association, Intervenors/Defendants - Appellees.
United States Court of Appeals, Fourth Circuit.https://leagle.com/images/logo.png
Argued: December 11, 2018.
Decided: January 23, 2019.
Attorney(s) appearing for the Case
ARGUED: David Ari Schnitzer , GIBSON, DUNN & CRUTCHER LLP, Washington, D.C., for Appellants. Thekla Hansen-Young , UNITED STATES DEPARTMENT OF JUSTICE, Washington, D.C.; Colin Justice , NORTH CAROLINA DEPARTMENT OF JUSTICE, Raleigh, North Carolina, for Appellees. ON BRIEF: Michael K. Murphy , Kyle N. Guest , GIBSON, DUNN & CRUTCHER LLP, Washington, D.C., for Appellants. Jeffrey H. Wood , Acting Assistant Attorney General, Eric Grant , Deputy Assistant Attorney General, Andrew C. Mergen , Robert J. Lundman , Carter F. Thurman , Appellate Section, Environment and Natural Resources Division, UNITED STATES DEPARTMENT OF JUSTICE, Washington, D.C.; Josh Stein , Attorney General, OFFICE OF THE ATTORNEY GENERAL OF NORTH CAROLINA, Raleigh, North Carolina; Scott T. Slusser , Special Deputy Attorney General, Mollie Cozart , Assistant Attorney General, NORTH CAROLINA DEPARTMENT OF JUSTICE, Raleigh, North Carolina, for Appellees North Carolina Department of Transportation, Federal Highway Administration, John F. Sullivan, III, and James H. Trogdon, III. Kimberley Hunter , Nicholas S. Torrey , SOUTHERN ENVIRONMENTAL LAW CENTER, Chapel Hill, North Carolina, for Appellees Defenders of Wildlife and National Wildlife Refuge Association.
Affirmed by published opinion. Judge Duncan wrote the opinion, in which Judge Niemeyer and Judge Quattlebaum joined.
DUNCAN, Circuit Judge:
Appellants Save Our Sound OBX, Inc. and its members, residents and vacationers from North Carolina's Outer Banks, (collectively "SOS") challenge the decision of the North Carolina Department of Transportation (the "NCDOT"), the Federal Highway Administration (the "FHWA"), and their administrators (collectively "the Agencies...
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