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Image of Greater San Antonio v. Brown

Citation: 8 ELR 20324
No. No. 76-2251, 570 F.2d 517/11 ERC 1529/(5th Cir., 03/30/1978)

The court affirms a lower court's dismissal of a suit challenging, on the grounds of alleged violations of the National Environmental Policy Act (NEPA) and Title VII of the Civil Rights Act, proposed personnel reductions at Kelly Air Force Base. The Air Force's decision that preparation of an environmental impact statement was not required because the proposed force reduction would not have a significant effect on the "quality of the human environment" passes the test of reasonableness. Plaintiffs presented evidence of significant socioeconomic impacts on the area but made no showing of potential primary effects on the physical environment. The court rules that socioeconomic effects, standing alone, are insufficient to trigger NEPA's environmental impact statement requirement. Such effects may, however, be considered under the statute where the proposed action will have a primary impact on the natural environment and an impact statement is thus required.

Counsel for Plaintiffs-Appellants
James M. Heidelberg, Jr.
P.O. Box 1223, San Antonio TX 78212
(512) 736-2471

Counsel for Defendants-Appellees
Hugh T. Shovlin, Ass't U.S. Attorney
655 E. Durango Blvd., San Antonio TX 78206
(512) 229-6500

Before INGRAHAM, GEE and TJOFLAT, Circuit Judges.