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Save Our Sycamore v. Metropolitan Atlanta Rapid Transit Auth.

Citation: 8 ELR 20611
No. Nos. 76-1978, -2712, 576 F.2d 573/(5th Cir., 07/12/1978) Aff'd

The Fifth Circuit Court of Appeals determines that a programmatic environmental impact statement (EIS) prepared in connection with a proposed urban rapid transit rail system satisfies the requirements of the National Environmental Policy Act (NEPA) without the preparation of additional site-specific EISs for each of the substations of the system. This conclusion is supported by the district court's findings that the substations serve no function independent of the entire system and that the interrelatedness of the system components renders impracticable the consideration of alternatives on other than a systemwide basis. The record also supports the further findings that (1) the EIS is sufficiently detailed to show defendant's good faith objectivity in examining the environmental consequences of the project and (2) that the analysis of alternatives was sifficient to provide the decision maker with a reasoned choice among different courses of action.

Counsel for Appellants
Richard N. Hubert
2700 First Nat'l Bank Tower, Atlanta GA 30303
(404) 658-1811

John R. Myer
2415 Nat'l Bank of Georgia Bldg., Atlanta GA 30303
(404) 522-1937

Counsel for Appellees
Anne Emanuel
1200 Standard Federal Savings Bldg., Atlanta GA 30303
(404) 522-8700

William D. Mallard
Ass't U.S. Attorney
428 Old Post Office Bldg., 56 Forsyth St. NW, Atlanta GA 30303
(404) 221-6954

Charles E. Biblowit
Land and Natural Resources Division
Department of Justice, Washington DC 20530
(202) 737-2772

Before GOLDBERG, GODBOLD and SIMPSON, Circuit Judges.