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Northside Tenants' Rights Coalition v. Volpe

Citation: 2 ELR 20553
No. No. 72-C-300, 346 F. Supp. 244/4 ERC 1376/(E.D. Wis., 07/20/1972)

The National Environmental Policy Act is applicable to projects even when the basic federal action has taken place prior to NEPA's effective date so long as some federal approval or action remains undone. In the case of the Park Free-West project in Milwaukee, although 99% of the proposed right-of-way has been acquired and cleared and one-third of the budget spent, P.S. & E. approval has not been given, no construction contracts have been awarded and no actual construction has begun. Therefore, a NEPA study is required as it may help minimize the environmental consequences of various construction projects. Review of various environmental factors made by state officials does not satisfy NEPA, since NEPA applies to responsibilities of federal officials which can not be discharged by others. A preliminary injunction forbidding further work on the freeway pending compliance with NEPA is granted.

Counsel for Plaintiffs
Brian A. Jeffrey
Freedom Through Equality, Inc
152 West Wisconsin Avenue
Milwaukee, Wisconsin 53203

Counsel for Federal defendants
David J. Cannon U.S. Attorney
362 Federal Building
Milwaukee, Wisconsin 53202

Counsel for State defendants
Richard E. Barrett
E. Gordon Young Assistant Attorneys General
114 East - State Capitol
Madison, Wisconsin 53702

James Boniface Assistant Corporation Counsel
303 Milwaukee County Courthouse
Milwaukee, Wisconsin 53233