Legal Opinion

Waterford Citizens' Ass'n v. Reilly

Court of Appeals for the Fourth Circuit

Decided June 15, 1992No. 91-2142PublishedCited by 25 opinions

1Opinion of the Court

OPINION

SPROUSE, Circuit Judge:

The Waterford Citizens’ Association (Citizens’ Association),1 in an action for declaratory judgment, claimed that the Environmental Protection Agency (EPA)2 is obliged to reinstitute procedures mandated by section 106 of the National Historic Preservation Act (NHPA or the Act) before a contemplated expansion of an existing sewage system can go forward. The district court concluded that the decision was within the EPA’s discretion and dismissed the suit. We affirm the judgment, although on different grounds than those relied upon by the district court.

I

Waterford…

2Cases cited12 opinions

  1. Allen v. WrightSupreme Court of the United States · 1984
  2. Valley Forge Christian College v. Americans United for Separation of Church and State, Inc.Supreme Court of the United States · 1982
  3. Hunt v. Washington State Apple Advertising CommissionSupreme Court of the United States · 1977
  4. Hospital Building Co. v. Trustees of Rex HospitalSupreme Court of the United States · 1976
  5. Hiram B. Ely v. Richard W. Velde, Associate Administrator, Law Enforcement Assistance Administration, Natural Resources Defense Council, Amicus CuriaeCourt of Appeals for the Fourth Circuit · 1971

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3Cited by25 opinions

  1. White Tail Park, Inc. v. StroubeCourt of Appeals for the Fourth Circuit · 2005
  2. William Douglas Carter v. William T. Burch Vernon Beamer, and John R. Isom Jeffrey BrownCourt of Appeals for the Fourth Circuit · 1994
  3. Tyler v. CuomoCourt of Appeals for the Ninth Circuit · 2000
  4. Pye v. United StatesCourt of Appeals for the Fourth Circuit · 2001
  5. Friends of the Atglen-Susquehanna Trail, Inc. v. Surface Transportation Board and United States of AmericaCourt of Appeals for the Third Circuit · 2001

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