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Boston v. Volpe

Citation: 2 ELR 20169
No. No. 71-2090-M, (D. Mass., 03/31/1972)

Building an outer taxiway for Logan Airport in Boston, a local project, does not require the filing of an environmental impact statement by the Secretary of Transportation pursuant to the National Environmental Policy Act, since federal involvement is so limited. Under the Airport and Airway Development Act of 1970, 49 U.S.C. §§1711 et seq., the role of the federal government is strictly limited; it is a voluntary funding act and not a regulatory measure. Application for a preliminary injunction halting construction until a NEPA statement is filed is denied.

Counsel for Plaintiff
Peter Koff Assistant Corporation Counsel
One City Hall Square
Boston, Mass. 02201

Counsel for Defendant
Joseph L. Tauro United States Attorney
Terry Phillip Segal Assistant U.S. Attorney
Post Office & Court House
Boston, Mass.