Legal Opinion

M. Noe v. Metropolitan Atlanta Rapid Transit Authority, John Doe, Secretary of Transportation

Court of Appeals for the Fifth Circuit

Decided May 4, 1981No. 80-7263PublishedCited by 31 opinions

1Opinion of the Court

FAY, Circuit Judge:

Plaintiff-appellant seeks this Court’s reversal of the District Court’s dismissal of her complaint for lack of jurisdiction. Because we agree with the District Court that the National Environmental Policy Act (NEPA) does not give rise to a private cause of action for failing to adhere to the Environmental Impact Statement required by NEPA, we affirm the judgment of the District Court.

Appellant lives and maintains a bookstore in an apartment building in Atlanta, Georgia near a construction site for the city’s rapid transit system (MARTA). As a result of the physical presence…

2Cases cited9 opinions

  1. Cort v. AshSupreme Court of the United States · 1975
  2. Cannon v. University of ChicagoSupreme Court of the United States · 1979
  3. Touche Ross & Co. v. RedingtonSupreme Court of the United States · 1979
  4. Transamerica Mortgage Advisors, Inc. v. LewisSupreme Court of the United States · 1979
  5. J. I. Case Co. v. BorakSupreme Court of the United States · 1964

4 more not listed; retrieve them via the Exa API.

3Cited by31 opinions

  1. Sierra Club v. PenfoldCourt of Appeals for the Ninth Circuit · 1988
  2. United Carolina Bank, Administrator Cta of the Estate of Seymour I. Somberg, Deceased v. Board of Regents of Stephen F. Austin State UniversityCourt of Appeals for the Fifth Circuit · 1982
  3. Sierra Club v. PenfoldCourt of Appeals for the Ninth Circuit · 1988
  4. Local Division 732, Amalgamated Transit Union v. Metropolitan Atlanta Rapid Transit AuthorityCourt of Appeals for the Eleventh Circuit · 1982
  5. Church of Scientology of Georgia, Inc. v. City of Sandy SpringsDistrict Court, N.D. Georgia · 2012

26 more not listed; retrieve them via the Exa API.

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