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Silva v. Romney

Citation: 2 ELR 20385
No. No. 72-898-M, 342 F. Supp. 783/(D. Mass., 04/13/1972)

A Department of Housing and Urban Development "Special Environmental Clearance Worksheet" prepared on a $4,000,000 mortgage guarantee and $156,000 interest grant for a 138 unit housing project does not, on motion for a preliminary injunction, appear to satisfy the impact statement requirement of the National Environmental Policy Act. The informal statement failed to consider the effect of the project on wildlife, brooks or the use of surrounding areas. Where HUD guidelines define "major federal actions" to include "controversial projects" and multifamily projects with 100 or more dwelling units, the agency is bound by its own regulations. NEPA imposes strict standards of procedural compliance, and a reviewing court may set aside agency action committed without observance of procedures required by law.

Counsel for Plaintiffs
Ann H. Vohl
27 Partridge Road
Lexington, Mass

John Leubsdorf
Foley, Hoag, and Elliot
10 Post Office Square
Boston, Mass. 02109

Counsel for Defendants
Frederick Kellogg Assistant U.S. Attorney
1107 John W. McCormick Building
Boston, Mass.

Counsel for Intervenor
J. Owen Todd
Hale & Dorr
28 State Street
Boston, Mass.