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Hanly v. Mitchell

Citation: 2 ELR 20216
No. No. 72-1354, 460 F.2d 640/4 ERC 1152/(2d Cir., 05/17/1972) Aff'd in part, rev'd & remanded in part

The General Services Administration's determination that the construction of a nine story correctional facility in a densely occupied urban neighborhood will not significantly affect the quality of the environment so as to require the filing of an environmental impact statement under the National Environmental Policy Act of 1969 (NEPA) is remanded because the administrative record does not support that determination. GSA's memorandum justifying its finding of no significant environmental impact and the affidavits filed in this case in support of that finding do not demonstrate that the agency considered all factors relevant to the environmental impact of constructing a jail in an urban community — factors which are relevant to NEPA's protection of the quality of life for city residents. Further construction is preliminarily enjoined pending GSA's redetermination of whether its planned actions will significantly affect the quality of the environment.

Counsel for Plaintiffs
Alfred S. Julien
Jesse A. Epstein
Julien, Glaser, Blitz & Schlesinger
2 LaFayette Street
New York, New York

Counsel for Defendants
Milton Sherman Asst. U.S. Attorney
Whitney North Seymour, Jr. U.S. Attorney
Michael D. Hess Asst. U.S. Attorney
U.S. Courthouse
Foley Square
New York, New York

Before: WATERMAN, HAYS and FEINBERG, Circuit Judges.