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SAVE OUR SOUND OBX, INC. v. NORTH CAROLINA DEPARTMENT OF TRANSPORTATION

No. 2:17-CV-4-FL.

SAVE OUR SOUND OBX, INC.; THOMAS ASCHMONEIT; RICHARD AYELLA; DAVID HADLEY; MARK HAINES; JER MEHTA; and GLENN STEVENS, Plaintiffs, v. NORTH CAROLINA DEPARTMENT OF TRANSPORTATION; JAMES H. TROGDON, III in his official capacity as Secretary of the North Carolina Department of Transportation; FEDERAL HIGHWAY ADMINISTRATION; and JOHN F. SULLIVAN, III, in his official capacity as Division Administrator for the Federal Highway Administration; Defendants, and DEFENDERS OF WILDLIFE; and NATIONAL WILDLIFE REFUGE ASSOCIATION, Intervenor-Defendants.

United States District Court, E.D. North Carolina, Northern Division.

September 5, 2017.

Editors Note
Applicable Law: 42 U.S.C. § 4321
Cause: 42 U.S.C. § 4321 Review of Agency Action - Environment
Nature of Suit: 893 Environmental Matters
Source: PACER

Attorney(s) appearing for the Case

Save Our Sound OBX, Inc., Plaintiff, represented by Michael K. Murphy , Gibson, Dunn & Crutcher LLP.

Save Our Sound OBX, Inc., Plaintiff, represented by Bryson C. Smith , Gibson, Dunn & Crutcher LLP & Zia C. Oatley , Oatley Law.

Mark Haines, Plaintiff, represented by Michael K. Murphy , Gibson, Dunn & Crutcher LLP, Bryson C. Smith , Gibson, Dunn & Crutcher LLP & Zia C. Oatley , Oatley Law.

Jer Mehta, Plaintiff, represented by Michael K. Murphy , Gibson, Dunn & Crutcher LLP, Bryson C. Smith , Gibson, Dunn & Crutcher LLP & Zia C. Oatley , Oatley Law.

Glenn Stevens, Plaintiff, represented by Michael K. Murphy , Gibson, Dunn & Crutcher LLP, Bryson C. Smith , Gibson, Dunn & Crutcher LLP & Zia C. Oatley , Oatley Law.

David Hadley, Plaintiff, represented by Michael K. Murphy , Gibson, Dunn & Crutcher LLP, Bryson C. Smith , Gibson, Dunn & Crutcher LLP & Zia C. Oatley , Oatley Law.

Thomas Aschmoneit, Plaintiff, represented by Michael K. Murphy , Gibson, Dunn & Crutcher LLP, Bryson C. Smith , Gibson, Dunn & Crutcher LLP & Zia C. Oatley , Oatley Law.

Richard Ayella, Plaintiff, represented by Michael K. Murphy , Gibson, Dunn & Crutcher LLP, Bryson C. Smith , Gibson, Dunn & Crutcher LLP & Zia C. Oatley , Oatley Law.

North Carolina Department of Transportation, Defendant, represented by John G. Batherson , N. C. Dept. of Justice & Colin Justice , N. C. Dept. of Justice.

Federal Highway Administration, Defendant, represented by Carter Fleeth Thurman , United States Department of Justice.

John F. Sullivan, III, Defendant, represented by Carter Fleeth Thurman , United States Department of Justice.

James H. Trogdon, III, Defendant, represented by John G. Batherson , N. C. Dept. of Justice & Colin Justice , N. C. Dept. of Justice.

Defenders of Wildlife, Intervenor Defendant, represented by Derb S. Carter, Jr. , Southern Environmental Law Center, Kimberley Hunter , Southern Environmental Law Center & Nicholas S. Torrey , Southern Environmental Law Center.

National Wildlife Refuge Association, Intervenor Defendant, represented by Derb S. Carter, Jr. , Southern Environmental Law Center, Kimberley Hunter , Southern Environmental Law Center & Nicholas S. Torrey , Southern Environmental Law Center.

MEMORANDUM OPINION

This memorandum opinion sets forth reasons for the court's decision entered August 30, 2017, to deny partial motions to dismiss filed by defendants North Carolina Department of Transportation ("NCDOT") and James H. Trogdon, III ("Trogdon") (collectively "the state defendants") and...

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