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Scenic Rivers Ass'n of Okla. v. Lynn

Citation: 5 ELR 20536
No. No. 74-1520, 520 F.2d 240/8 ERC 1021/(10th Cir., 07/30/1975) Aff'd in part, rev'd in part

Approval by the Department of Housing and Urban Development of a Statement of Record and Property Report under the Interstate Land Sales Act, a prerequisite to the sale of 50 or more lots in interstate commerce, constitutes major federal action significantly affecting the quality of the human environment, and is thus subject to the requirements of NEPA. Such approvals are analogous to the granting of a federal license, or the approval of a stock offering by the Securities and Exchange Commission, both of which have been held subject to NEPA compliance. Nor is the Interstate Land Sales Act by its terms inconsistent or incompatible with NEPA. The lower court had jurisdiction to hear this case under the federal question statute, and its judgment ordering HUD to withdraw approval of the property report and suspending the report pending preparation of an impact statement is affirmed. The lower court erred, however, in ruling that HUD should hold a public hearing in connection with the impact statement since that is a matter within the agency's discretion. For the district court opinion, see 4 ELR 20727.

Counsel for Plaintiffs-Appellees
Andrew T. Dalton, Jr.
2536 East 51st St.
Tulsa, Okla. 74105

James Khourie
2626 East 21st St.
Tulsa, Okla. 74114

James Ikard
Suite 1005 Cravens Building
Oklahoma City, Okla. 73102

Counsel for Defendants-Appellants
Charles E. Biblowit
Carl Strass
Dennis A. Dutterer
Department of Justice
Washington, D.C. 20530

Richard A. Pyle U.S. Attorney
Edwin L. Gage Asst. U.S. Attorney
Federal Building
Muskogee, Okla. 74401

Peter S. Race
Room 10150
Department of Housing and Urban Development
Washington, D.C. 20410

Counsel for Intervening Defendant-Appellant Flint Ridge Development Company
Thomas C. Watson
Edwin Kronfeld
Morgan, Lewis & Bockius
1140 Connecticut Avenue, N.W.
Washington, D.C. 20036

F. Paul Thieman, Jr.
Gordon B. Cecil
Crowe & Thieman
12th Floor, Corporate Place
5800 East Skelly Drive
Tulsa, Okla. 74135