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Homeowners Emergency Life Protection Comm. v. Lynn

Citation: 6 ELR 20659
No. No. 74-3301, 541 F.2d 814/9 ERC 1241/(9th Cir., 08/12/1976) Rev'd & remanded

The Ninth Circuit stays disbursement of federal funds for expenses incurred by the City of Los Angeles in constructing the Los Angeles dam until the district court has ruled on the adequacy of the recently-filed environmental impact statement for the project. The court declines to enjoin continued construction of the dam itself by the city, however, and instead remands the question of whether the criteria for injunctive relief as to construction can be met. Because of the recent approval of federal funding for the dam project, it is no longer necessary to determine whether the city's request for federal funding and voluntary compliance with applicable federal requirements in the hope of securing such funds transformed the dam project into a major federal action, a question which the district court answered in the negative. The court does, however, reverse the district court's finding that § 405 of the Federal Disaster Relief Act of 1974 operated retroactively to exempt the project from the requirements of NEPA. Federal funding for reconstruction of the Los Angeles dam after the earthquake of 1971 was provided under the Disaster Relief Act of 1970, thereby precluding application of the § 405 exemption to the project.

Counsel are listed at 6 ELR 20487.

Browning, Ely & Sharp,* JJ.