The plaintiffs’ arguments included that the agencies should have prepared a supplemental EIS to consider new information, including 2017 sea-level rise data that the plaintiffs claimed showed that the bridge would be inundated in less than 30 years. The agencies published a final environmental impact statement (EIS) in 2012 and then completed a reevaluation in 2019 after funding for the bridge was pulled and then recommitted. The Fourth Circuit Court of Appeals affirmed a district court’s rejection of claims that the North Carolina Department of Transportation and Federal Highway Administration violated the National Environmental Policy Act when they approved a proposed toll bridge connecting North Carolina’s mainland with the Outer Banks. Summary judgment for defendants affirmed.įourth Circuit Rejected Contention that Updated Sea-Level Rise Projections Required Supplemental EIS for Outer Banks Bridge Project. The plaintiffs’ arguments included that the defendants should have prepared a supplemental environmental impact statement to consider new sea-level rise data allegedly showing that the bridge would be inundated in less than 30 years. The Fourth Circuit Court of Appeals denied a petition for rehearing and rehearing en banc of its February 2023 decision rejecting challenges to the National Environmental Policy Act (NEPA) review of a proposed toll bridge connecting North Carolina’s mainland to the Outer Banks. Petition for rehearing and rehearing en banc denied.įourth Circuit Denied Rehearing of Decision Upholding NEPA Review of North Carolina Toll Bridge.
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