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Naito v. Tri County Metro. Transit Dist. of Or.

Citation: 10 ELR 20753
No. No. 79-335, 14 ERC 1807/(D. Or., 12/12/1979)

In a suit challenging the placement of advertising on the exterior of buses owned and operated by a metropolitan transit company, the court approves the recommendation of a magistrate and orders that the case be dismissed. With respect to plaintiffs' claim under the National Environmental Policy Act, the magistrate rules that bus placards have insufficient environmental effects to trigger the Act's environmental impact statement requirement. The plaintiffs' claim under the National Historic Preservation Act is groundless because the activity in question is neither being conducted nor supported by a federal agency. The requirement of the Urban Mass Transportation Act for certification that the environmental effects of federally supported mass transit projects have been considered is inapposite since bus advertising does not constitute an "effect" under that Act. Nor is there any basis for plaintiffs' cause of action under the Intergovernmental Cooperation Act. The case is dismissed for lack of jurisdiction.

Counsel for Plaintiffs
Richard L. Sadler
Keane, Harper, Pearlman & Copeland
3500 First Nat'l Tower, Portland OR 97201
(503) 224-4100

Walter W. McMonies
400 Powers Bldg., 65 SW Yamhill St., Portland OR 97204
(503) 221-1188

Counsel for Defendants
Sidney I. Lezak, U.S. Attorney; Thomas C. Lee, Ass't U.S. Attorney
312 U.S. Cthse., P.O. Box 71, Portland OR 97207
(503) 221-2101

Leslie M. Roberts, William Dickas
Kell, Alterman & Runstein
13th Fl., Bank of California Tower, 707 SW Washington St., Portland OR 97205
(503) 222-3531