United States Fourth Circuit

Dismissal of plaintiff's claims, pursuant to FRCP Rule 12(b)(1), are affirmed in toto, where plaintiff's alleged injuries, increased health and safety risk due to increased traffic and pollution, do not provide plaintiff a sufficient basis for standing.

Appellate Information

• Argued 01/21/2003
• Decided 02/21/2003
• Published 02/21/2003

Judges

• Before KING, Circuit Judge, HAMILTON, Senior Circuit Judge, and Morton I. GREENBERG, Senior Circuit Judge of the United States Court of Appeals for the Third Circuit, sitting by designation.

Court

• United States Fourth Circuit

Counsel

• For Appellees:
  
• ARGUED:  Steven Raymond Johnson, Schnader, Harrison, Segal & Lewis, L.L.P., Washington, DC, for Appellants.  Robert Dean Perrow, Williams Mullen, P.C., Richmond, VA;  Steven E. Gordon, Assistant United States Attorney, Alexandria, VA, for Appellees.   ON BRIEF:  Neil T. Proto, Gordon S. Woodward, Matthew B. Holmwood, Schnader, Harrison, Segal & Lewis, L.L.P., Washington, DC, for Appellants.  Paul J. McNulty, United States Attorney, Alexandria, VA, for Appellees.