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Trinity Episcopal Sch. Corp. v. Romney

Citation: 5 ELR 20497
No. No. 75-7061, 523 F.2d 88/8 ERC 1033/(2d Cir., 07/24/1975)

The Department of Housing and Urban Development (HUD) failed to comply with the mandate of NEPA in not undertaking a consideration of alternatives to a federally funded urban renewal housing construction project in New York City which had been redesignated for 100 percent low-income occupancy. Under § 102(2)(D) of the statute, federal agencies must "study, develop and describe" alternatives to proposed federal actions even if no full environmental impact statement is to be prepared. In unquestioningly accepting, in its Special Environmental Clearance for the project, the New York City Housing Authority's self-serving conclusion that there were no alternative site locations, HUD therefore failed to fulfill its NEPA responsibilities. On remand, the district court is directed to fashion an appropriate order requiring HUD to consider reasonable alternatives to the development of the site in question as a 100 percent low-income housing project, using HUD regulations and certain urban environmental factors as guidelines for the consideration process.

Counsel for Plaintiffs
Eugene J. Morris
Martin Stuart Baker
Demov, Morris, Sevin & Shein
40 West 57th Street
New York, N.Y. 10019

Counsel for Defendants
Paul J. Curran U.S. Attorney
Davis P. Land
Peter C. Salerno Asst. U.S. Attorneys
U.S. Courthouse
Foley Square
New York, N.Y. 10007

W. Bernard Richland Corporation Counsel
Leonard Koerner
Robert F. Liner
Hadley W. Gold Asst. Corporation Counsels
Municipal Building
New York, N.Y. 10007