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Randolph Civic Ass'n v. Washington Metro. Area Transit Auth.

Citation: 9 ELR 20559
No. No. 78-1621, 469 F. Supp. 968/13 ERC 1042/(D.D.C., 04/25/1979)

The court grants defendants' motion for summary judgment in a suit seeking injunctive and declaratory relief against the proposed construction of a bus parking facility. Plaintiffs alleged that the environmental impact statement (EIS) for the project, which would accomodate 250 buses in Montgomery County, Maryland, was inadequate under the National Environmental Policy Act (NEPA). The court first denies defendants' motion to dismiss on grounds of laches because the action was brought two months after final agency action was taken in connection with the project. Second, the court finds that defendant municipal agency is subject to suit under NEPA because it is pursuing the project in question as a joint venture with the United States Department of Transportation. The court also denies plaintiffs' motion to strike all non-final EIS documents because the court concludes that the docuents are offered by defendants in support of, and not as a supplement to, the conclusions in the EIS. The record shows that the EIS reasonably considered all alternatives to and environmental effects of the project, and that therefore plaintiffs have not demonstrated a likelihood of success on the merits. In addition, they have failed to show a threat of irreparable injury, or that the balance of harms tips in their favor. Thus, the preliminary injunction is denied, and defendants' motion for summary judgment is granted.

The full text of this opinion is available from ELR (4 pp. $0.50, ELR Order No. C-1181).

Counsel for Plaintiffs
Gary Howard Simpson
4720 Montgomery Lane, Bethesda MD 20014
(301) 656-7013

Counsel for Defendants
Dennis A. Detterer, Ass't U.S. Attorney
Rm. 3600-E, U.S. Courthouse, 3d & Constitution Ave. NW, Washington DC 20001
(202) 633-4964

Peter J. Ciano, Ass't General Counsel
Washington Metropolitan Area Transit Authority
600 5th St. NW, Washington DC 20001
(202) 637-1234

Smith, J.

[OPINION OMITTED BY PUBLISHER IN ORIGINAL SOURCE]