Carolina Action v. William E. Simon, Secretary of the Treasury of the United States
CAROLINA ACTION, Appellant, v. William E. SIMON, Secretary of the Treasury of the United States, Et Al., Appellees
Opinion
PER CURIAM:' The question on appeal is whether disbursement by the Secretary of the Treasury of revenue sharing funds under the State and Local Fiscal Assistance Act of 1972, 31 U.S.C. § 1221 et seq., is major federal action substantially affecting the environment so as to require preparation of an environmental impact statement. The question arises in the context of the proposed new County Judicial Building and new City Hall in Durham, North Carolina.
The district court dismissed the action brought by the appellant for failure to state a claim upon which relief can be granted. Rule 12(b)(6), Fed.R.Civ.P. For the reasons stated by Judge Gordon in an excellent memorandum opinion we hold that the National Environmental Policy Act, 42 U.S.C. § 4321 et seq., does not apply to a project in which the only federal participation is the distribution of revenue sharing funds to aid local communities in financing the project. The decision below will be Affirmed.
How later courts describe this case
Explanatory parentheticals written by citing courts — 2 in all; the most informative distinct ones are shown.
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(Secretary of Treasury had no authority over dispersal of revenue sharing funds; therefore not required to file EIS when local community planned to use funds to construct buildings)
Cited by 4 cases
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- Joyce Goolsby, Individually and on Behalf of All Others Similarly Situated v. W. Michael Blumenthal, as Secretary of the Department of the Treasury
- Joyce Goolsby, Individually and on Behalf of All Others Similarly Situated v. W. Michael Blumenthal, as Secretary of the Department of the Treasury
- National Ass'n for the Advancement of Colored People v. Medical Center, Inc.
- Applicability of the Uniform Relocation Assistance Act to the Community Development Block Grant Program
Most recent
- Applicability of the Uniform Relocation Assistance Act to the Community Development Block Grant Program
- Joyce Goolsby, Individually and on Behalf of All Others Similarly Situated v. W. Michael Blumenthal, as Secretary of the Department of the Treasury
- Joyce Goolsby, Individually and on Behalf of All Others Similarly Situated v. W. Michael Blumenthal, as Secretary of the Department of the Treasury
- National Ass'n for the Advancement of Colored People v. Medical Center, Inc.
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