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Environmental — Highway Construction Project – NEPA – ‘Hard Look’ – Monroe Bypass (access required)

Clean Air Carolina v. North Carolina Department of Transportation (Lawyers Weekly No. 15-02-0902, 31 pp.) (James Dever III, C.J.) 5:14-cv-00863; E.D.N.C. Holding: Even though Transportation System Management improvements have raised the average peak speed on U.S. Highway 74 considerably, the ...

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Environmental — Civil Practice – Article III Standing – Sea Turtle Protection – Commercial & Recreational Fishers (access required)

North Carolina Fisheries Association, Inc. v. Pritzker (Lawyers Weekly No. 15-02-0778, 19 pp.) (James Dever III, C.J.) 4:14-cv-00138; E.D.N.C. Holding: Despite the fact that the plaintiff-commercial fisheries organizations allege that their members have suffered economic injuries, plaintiffs have not alleged ...

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Environmental – Highway Project – Administrative – Build & No-Build Scenarios (access required)

Catawba Riverkeeper Foundation v. North Carolina Department of Transportation (Lawyers Weekly No. 15-04-0272, 17 pp.) (James Dever III, C.J.) 5:15-cv-00029; W.D.N.C. Holding: Where defendants’ “no-build” scenario assumed the existence of the very highway project under consideration, defendants violated the National ...

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