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Environmental Defense Fund v. Adams

Citation: 7 ELR 20573
No. No. 74-340, 434 F. Supp. 403/10 ERC 1317/(D.D.C., 06/21/1977)

The court grants plaintiffs' motiion for summary judgment requiring the Secretary of Transportation to prepare a National Environmental Policy Act environmental impact statement to accompany his revision of the National Airport System Plan. The plan is to give ten-year projections on airport services, needs, levels of development, and costs. Congress viewed the implementation of the revision as having significant environmental consequences. Contrary to defendants' arguments, the plan is a "recommendation or report" requiring an impact statement. It has well-defined geographic, temporal, and subject-matter limits. Moreover, the plan is a "proposal" because, even though localities will have significant input into the plan and thus may change the plan's specific recommendations, the plan is intended to be the primary basis for orderly development of a national airport system. To the extent, however, that local and regional problems will be discussed in later, site-specific impact statements, they need not be included in the impact statement on the plan.

For moving papers in this case, see ELR 65227.

Counsel for Plaintiffs
John F. Hellegers, Jacqueline Warren
1525 18th St., NW, Washington DC 20036
(202) 234-9062

Counsel for Defendants
Joseph J. Leahy, Gary B. Randall
Department of Justice, Washington DC 20530
(202) 739-2845