U.S. Court of Appeals for the Fourth Circuit, 1975

Carolina Action v. William E. Simon, Secretary of the Treasury of the United States

U.S. Court of Appeals for the Fourth Circuit · Decided June 25, 1975 · Aldrich, Craven, Per Curiam, Widener

522 F.2d 295; 8 ERC 1399 (Federal Reporter, Second Series)

Counsel

Thomas F. Loflin, III, Durham, N. C. (Ann F. Loflin, Loflin & Loflin, Durham, N. C., on brief), for appellant., Rufus L. Edmisten, Atty. Gen., and William H. Guy, Associate Atty., N. C. Dept, of Justice, on brief for amicus curiae Atty. Gen. of N. C., John T. Morrisey, Sr., Raleigh, N. C., and Charles Ronald Aycock, Raleigh, on brief for amicus curiae N. C. Ass’n of County Commissioners., Edward R. Slaughter, Jr., and Jay T. Swett, McGuire, Woods & Battle, Charlottesville, Va., on brief for amicus curiae National Ass’n of Counties., Michael A. McCord, Atty., U. S. Dept, of Justice (Wallace H. Johnson, Asst. Atty. Gen., N. Carlton Tilley, Jr., U. S. Atty., Ronald V. Shearin, Asst. U. S. Atty., Raymond N. Zagone, Atty., U. S. Dept, of Justice, on brief), for appellee William E. Simon., W. I. Thornton, Jr., City Atty. (Rufus C. Boutwell, Jr., Douglas A. Johnston, Asst. City Attys., on brief), for appellee City of Durham., Robert D. Holleman, Durham, N. C., for appellee County of Durham.

Cases that cite this one

5 later published cases cite this decision.

Joyce Goolsby, Individually and on Behalf of All Others Similarly Situated v. W. Michael Blumenthal, as Secretary of the Department of the Treasury (5th Cir. 1979)
Joyce Goolsby, Individually and on Behalf of All Others Similarly Situated v. W. Michael Blumenthal, as Secretary of the Department of the Treasury (5th Cir. 1978)
Applicability of the Uniform Relocation Assistance Act to the Community Development Block Grant Program (United States Department of Justice Office of Legal Counsel 1982)
National Association For The Advancement Of Colored People v. The Medical Center, Inc. (3d Cir. 1978)
National Ass'n for the Advancement of Colored People v. Medical Center, Inc. (3d Cir. 1978)

This list shows which later cases cite this one. It does not say how they treated it, and no review of that has been done. Not a substitute for Shepard’s or KeyCite — verify before relying.

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.

Case-law data current through December 31, 2025. Source: CourtListener bulk data.