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Coalition for Better Veterans Care v. Administrator of the Veterans Admin.

Citation: 12 ELR 20103
No. No. 81-365-BE, 16 ERC 1685/(D. Or., 10/05/1981)

The court holds that the Veterans Administration (VA) was not required to consider an alternative not authorized by Congress in its environmental impact statement (EIS) for a hospital construction project. The requirement of §102(2)(C)(iii) of the National Environmental Policy Act that EISs include a detailed consideration of alternatives is limited by a rule of reason. Whether an alternative must be considered depends on the purpose of the project and on whether the alternative would require additional legislation. Since the project authorized by Congress was the building of a hospital, consideration of the unautorized lesser alternative of treating VA patients in private care facilities was not required.

Counsel for Plaintiffs
Thomas G. P. Guilbert
305 Wilcox Bldg., 506 SW 6th Ave., Portland OR 97204
(503) 228-0811

Charles F. Adams
Stoel, Rives, Boley, Fraser & Wyse
2300 Georgia-Pacific Bldg., 900 SW 5th Ave., Portland OR 97204
(503) 224-3380

Counsel for Defendant
Sidney I. Lezak, U.S. Attorney; Thomas C. Lee
P.O. Box 71, Portland OR 97207
(503) 221-2101