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Trinity Episcopal Sch. Corp. v. Harris

Citation: 8 ELR 20394
No. No. 71 CIV 4315, 445 F. Supp. 204/12 ERC 1281/(S.D.N.Y., 01/19/1978) Injunction dissolved

The court dissolves an injunction against construction of a low-income housing project as part of an urban renewal program after determining that the Department of Housing and Urban Development (HUD) has fulfilled its duty to consider reasonable alteratives under § 102(2)(E) of the National Environmental Policy Act (NEPA). The Special Environmental Clearance prepared by HUD meets the requirements of that section of NEPA as set forth in the Second Circuit's 1975 opinion, 5 ELR 20497, remanding the case for the entry of injunctive relief pending full compliance with the Act. The clearance considered alternatives to the proposed project pursuant to § 102(2)(C) rather than § 102(2)(E), the provision specifically mentioned in the Second Circuit's mandate, but this deviation is harmless. The former section requires a more intensive investigation of alternatives than does the latter, and the discussion of alternatives in the clearance more than meets the requirements § 102(2)(C). The court also finds that HUD discharged its duty to examine alternatives with good-faith objectivity and in full accordance with the procedures required by law, that the agency's action was thus neither arbitrary nor capricious, and that a public hearing on the Special Environmental Clearance was not required. The complaint is dismissed.

Counsel for Plaintiffs
Eugene J. Morris
Demov, Morris, Levin & Shein
40 W. 57th St., New York NY 10019
(212) 757-5050

Counsel for Defendants
Robert B. Fiske, Jr., U.S. Attorney; Peter C. Salerno, Ass't U.S. Attorney
One St. Andrew Plaza, New York NY 10007
(212) 791-0055

Allen G. Schwartz, Corp. Counsel; Leonard Grunstein, Ass't Corp. Counsel
Municipal Bldg., New York NY 10007
(212) 566-3929