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Romulus, City of v. Wayne, County of

Citation: 5 ELR 20302
No. No. 74-72118, 392 F. Supp. 578/7 ERC 1866/(E.D. Mich., 03/31/1975)

The Court enjoins all federal participation in the planning, funding or construction of a proposed runway at the principal airport serving metropolitan Detroit until an environmental impact statement which meets the requirements of NEPA is prepared. The present Federal Aviation Administration EIS for the project is inadequate in several respects. It fails to support forecasts of substantial "delay savings" resulting from the new runway with the most recently available data relating to air traffic levels or with an explanation of how delay is computed. The conclusion that the existing runway configuration is rapidly approaching saturation is likewise not accompanied by supporting data. The consideration of noise pollution impacts of the proposed runway is also deficient, principally because of its failure to differentiate and disclose noise levels above 85 decibels, the level chosen as the threshold of unacceptability for noise impacts in residential area. The EIS is therefore misleading since it fails to inform the public of the determinative factors in the FAA's decision-making process regarding this runway project. The court notes that the project is not sufficiently "federal" in toto to warrant a blanket injunction against further construction.

Counsel for Plaintiffs
William S. Munger City Attorney
Munger & Crum
24681 Northwestern Highway
Southfield, Mich. 48075

Jerrold A. Fadem
Michael M. Berger
Fadem, Berger & Stocker
8383 Wilshire Boulevard
Beverly Hills, Cal. 90211

Counsel for Defendants
Aloysius J. Suchy Corporation Counsel
George H. Cross
David R. Kaplan Asst. Corporation Counsel
701 City-County Building
Detroit, Mich. 48226

E. Barrett Prettyman, Jr.
James A. Hourihan
George U. Carneal
Allen R. Snyder
Hogan & Hartson
815 Connecticut Ave., N.W.
Washington, D.C. 20006

John P. Cushman General Counsel
Clayton M. Four Asst. General Counsel
Wayne County Road Commission
415 Clifford Street
Detroit, Mich. 48226

Fred M. Mester Asst. U.S. Attorney
817 Federal Building
Detroit, Mich. 48226

Edward Fagen
General Counsel's Office
Federal Aviation Administration
800 Independence Avenue
Washington, D.C. 20003