Case 28

Coalition for Responsible Regional Development v. Coleman, 555 F.2d 398 (4th Cir. 1977).

This was a suit to enjoin construction of a bridge across a navigable river. Although no Federal funds were involved, the construction required a Coast Guard permit. The Coast Guard prepared an environmental impact statement under the National Environmental Policy Act and a Section 4(f) statement under the Department of Transportation Act. At that time, there were no properties listed in the National Register of Historic Places in the vicinity of the project. The Coast Guard nevertheless identified two historic properties in the area and concluded that neither would be affected. The Coast Guard notified the Advisory Council on Historic Preservation, as required by Section 106 of the National Historic Preservation Act, of the Coast Guard's determination of no effect, and the Council concurred in the determination. The plaintiffs attacked the environmental impact statement, the Section 4(f) determination, and the Coast Guard's Section 106 compliance.

The district court upheld the Coast Guard's actions. Without further explanation, the court concluded that the Coast Guard had complied with Section 106. The Fourth Circuit affirmed, finding no error in the Coast Guard's determination of no effect. 555 F.2d at 403.

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