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NO MID-CURRITUCK BRIDGE-CONCERNED v. NCDOT

No. 22-1103.

60 F.4th 794 (2023)

NO MID-CURRITUCK BRIDGE-CONCERNED CITIZENS and Visitors Opposed to the Mid-Currituck Bridge; North Carolina Wildlife Federation, Plaintiffs-Appellants, v. NORTH CAROLINA DEPARTMENT OF TRANSPORTATION; Federal Highway Administration; Edward T. Parker, in his official capacity as Assistant Division Administrator, Federal Highway Administration; Eric Boyette, in his official capacity as Secretary, North Carolina Department of Transportation, Defendants-Appellees, and James H. Trogdon, III, Defendants. Town of Southern Shores; Town of Duck; County of Currituck; Dare County Tourism Board; Duck Community and Business Alliance, Inc.; Currituck Chamber of Commerce, Inc., Amici Supporting Appellee.

United States Court of Appeals, Fourth Circuit.

Decided: February 23, 2023.

Attorney(s) appearing for the Case

ARGUED: Kimberley Hunter , SOUTHERN ENVIRONMENTAL LAW CENTER, Chapel Hill, North Carolina, for Appellants. Sommer H. Engels , UNITED STATES DEPARMENT OF JUSTICE, Washington, D.C.; Colin Justice , NORTH CAROLINA DEPARMENT OF JUSTICE, Raleigh, North Carolina, for Appellees. ON BRIEF: Ramona H. McGee , Nicholas S. Torrey , Hannah M. Nelson , SOUTHERN ENVIRONMENTAL LAW CENTER, Chapel Hill, North Carolina, for Appellants. Todd Kim , Assistant Attorney General, Andrew Mergen , Robert J. Lundman , Elizabeth McGurk , Environment and Natural Resources Division, UNITED STATES DEPARTMENT OF JUSTICE, Washington, D.C.; Daniel Covas , Assistant Attorney General, Scott T. Slusser , Transportation Division, NORTH CAROLINA DEPARTMENT OF JUSTICE, Raleigh, North Carolina, for Appellees. John D. Leidy , HORNTHAL, RILEY, ELLIS & MALAND, L.L.P., Elizabeth City, North Carolina, for Amici Curiae.

Affirmed by published opinion. Judge Diaz wrote the opinion, in which Judge Agee and Judge Harris joined.

This case is about a proposed toll bridge across North Carolina's Currituck Sound that would connect the northern Outer Banks with the state mainland. Plaintiffs— an environmental organization and a group of citizens opposed to the bridge—claim the defendants didn't follow the procedures laid out in the National...

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