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Daingerfield Island Protective Soc'y v. Andrus

Citation: 8 ELR 20698
No. No. 78-0937, 458 F. Supp. 961/12 ERC 1300/(D.D.C., 07/19/1978)

The court grants defendants' motion to dismiss for lack of ripeness a suit seeking an injunction against further consideration by the National Park Service (NPS) of plans to construct a bridge across federal park land affording access to private property pending preparation of an environmental impact statement (EIS) pursuant to the National Environmental Policy Act (NEPA). In accordance with a land exchange agreement, a private contractor agreed to submit plans for construction of the bridge to the NPS for approval, but the NPS has not yet approved a plan and does not currently have a proposal under consideration. The court concludes that because the NPS has not yet approved a construction plan, there has been no federal action sufficient to trigger NEPA's EIS requirement. Because an EIS is not required until an agency makes a recommendation or report on a proposal, the court has no authority to review the adequacy of NPS compliance with NEPA at this time. The case is not ripe for review and is dismissed without prejudice.

Counsel for Plaintiffs
Ronald L. Chasen, David N. Prensky
Chasen & Chasen
3301 New Mexico Ave. NW, Washington DC 20016
(202) 244-4000

Counsel for Defendants
Dennis A. Dutterer, Ass't U.S. Attorney
Room 3600-E, U.S. Courthouse, 3d & Constitution Ave. NW, Washington DC 20001
(202) 426-7116

Counsel for Defendant-Intervenor Fairchild & Co.
Frederick L. Miller, Jr.
Duncan, Brown, Weinberg & Palmer
Suite 1200, 1775 Pennsylvania Ave. NW, Washington DC 20006
(202) 467-6370

Counsel for Defendant-Intervenor Richmond, Fredericksburg & Potomac R.R.
Stephen A. Trimble
Hamilton & Hamilton
600 Union Trust Bldg., Washington DC 20005
(202) 347-2882