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Bradley v. Department of HUD

Citation: 12 ELR 20060
No. No. 78-3596, 658 F.2d 290/16 ERC 1884/(5th Cir., 10/05/1981)

The court affirms the district court's holding that the Department of Housing and Urban Development's (HUD's) approval of an application for block grant funds for redevelopment planning under the Housing and Community Development Act (HCDA) is not a "major Federal action" within the meaning of § 102(2)(C) of the National Environmental Policy Act. HUD had no discretion to disapprove the application since it complied with the HCDA's requirements and HUD did not have a significant hand in determining the substantive aspects of the development plan for which funds were sought. Moreover, federal financial assistance in the planning process did not imply a commitment by a federal agency to fund any project developed pursuant to the plans. The court also holds that the city's transfer of block grant funds from one approved objective (rehabilitation) to another (redevelopment planning) did not violate the HCDA.

Counsel for Appellants
Peter M. Siegel, Larry A. Baker
Legal Services of Greater Miami, Inc.
P.O. Box 47000, North Miami FL 33147
(305) 638-6666

Counsel for Appellees
Ronald R. Glancz, Susan A. Ehrlich
Civil Division
Department of Justice, Washington DC 20530
(202) 633-3170

Thomas Martin Pflaum, Ass't City Attorney
1700 Convention Ctr. Dr., Miami Beach FL 33139
(305) 673-7470

Before HILL and POLITZ, Circuit Judges, and O'KELLEY*, District Judge.