Sierra Club v. Rex C. Leathers

RONEY, Circuit Judge:

The Sierra Club sought declaratory and injunctive relief against the Federal Highway Administration and the United States Department of Transportation alleging they failed to enforce provisions of the Highway Beautification Act (HBA, the Act), 23 U.S.C.A. § 131, regarding the control of outdoor advertising in South Carolina. The trial court held that defendants’ discretionary authority under the Act is precluded from judicial review under the terms of the statute and the doctrine of prosecutorial discretion. It dismissed Sierra Club’s complaint. We vacaté and remand to…