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New Hope Community Ass'n v. Department of HUD

ELR Citation: 11 ELR 20518
Nos. No. 79-453-CIV-5, 509 F. Supp. 525/15 ERC 1788/(E.D.N.C., 03/16/1981)

The Court upholds the Department of Housing and Urban Development's (HUD's) determination that a proposed 60-unit low-rent housing project is not a major federal action requiring preparation of an environmental impact statement (EIS). Applying the arbitrary and capricious standard of review set out in the Administrative Procedure Act, the court finds that because HUD took a "hard look" at all relevant factors and complied with the appropriate regulations, its negative determination was proper. The court further holds that even under a "reasonableness" standard, HUD's decision must stand because construction of a 60-unit housing complex is not a major federal action significantly affecting the quality of the human environment.

Counsel for Plaintiffs
Hugh G. Casey Jr.
Casey & Bishop
700 Law Bldg., Charlotte NC 28202
(704) 376-7461

Counsel for Defendants
Abraham Penn Jones, Ass't U.S. Attorney
874 Federal Bldg., Raleigh NC 27611
(919) 755-4530

Thomas A. McCormick Jr., City Attorney
P.O. Box 590, Raleigh NC 27602
(919) 755-6907

Thomas W. Steed Jr., Charles D. Case
Allen, Steed & Allen
Branch Bank & Trust Bldg., Suite 701, Raleigh NC 27602
(919) 828-4481