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Fort Story--Its Future? v. Schlesinger

Citation: 5 ELR 20038
No. No. 74-232-N, (E.D. Va., 07/19/1974) Ruling on standing

In a Letter Opinion to counsel, the court rules that plaintiffs, as residents of a nearby city, have standing to maintain this NEPA challenge to construction of a Navy housing project on dune land adjacent to a state park. Plaintiffs' use of the adjoining park for recreation and their interest in seeing the site of the project, which is currently owned by the Army, relinquished to the state for use as an addition to the park are sufficient to confer standing under the precedent of United States v. SCRAP. The court then goes on to find that the Navy Review Panel was not possessed of all the available facts relating to the project's environmental effects when it determined that preparation of an environmental impact statement was not necessary. A preliminary injunction will be granted prohibiting the award of construction contracts until a full EIS has been filed with CEQ, or the Navy Review Panel has adequately considered all the environmental evidence disclosed at the trial. For the court's findings of fact and conclusions of law, and order issuing the injunction, see 4 ELR 20810.

Counsel are listed in 4 ELR 20820