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Hanly v. Mitchell

Citation: 2 ELR 20181
No. No. 72 Civ. 716, (S.D.N.Y., 03/22/1972)

Construction and operation by federal officials of a Courthouse Annex — two nine story buildings which will house federal offices and 450 people in a Metropolitan Correction Center — is a major federal action under the National Environmental Policy Act of 1969 but this project will not significantly affect the quality of the environment so as to require an environmental impact statement to be filed. The federal official responsible for planning the Annex determined that it would generate no water or air pollution, would result in no increase in population density or burden on transportation systems, and its architecture and function would blend in with that of other buildings in the area. Plaintiffs have offered no evidence which shows these determinations are arbitrary or capricious.

Counsel for Plaintiff
Julian, Glasser, Blitz & Schlesinger
2 Lafayatte Street
New York, N.Y. 10007

Counsel for Defendant
Milton Sherman Asst. U.S. Attorney
U.S. Courthouse
Foley Square
New York, N.Y. 10007