Friedman Bros. Inv. Co. v. Lewis
Citation: 12 ELR 20962
No. No. 81-5478, 676 F.2d 1317/17 ERC 1674/(9th Cir., 05/12/1982)
Reversing the district court, the Ninth Circuit rules that the Urban Mass Transportation Administration's (UMTA's) decision to categorically exempt the construction and operation of a bus maintenance depot from preparation of an environmental impact statement (EIS) is ripe for judicial review. The court holds that UMTA's grant of funds for the project, in conjunction with its decision to exempt the project from preparation of an EIS, constituted final agency action even though the City of Torrance had not initiated condemnation proceedings. Judicial resolution of appellant's challenge to the exemption is appropriate since appellees have made a final determination of the project's environmental impact and taken all federal actions precedent to the acquisition of appellant's property. In addition, judicial review at this time will serve the purposes of the National Environmental Policy Act, which dictates that federal decisionmakers consider the environmental impacts of their proposals before reaching final decisions.
Counsel for Appellant
Diane E. Berley
Fadem, Berger & Norton
Box 2148, Santa Monica CA 90406
Counsel for Appellees
James R. Arnold, Ass't U.S. Attorney
312 N. Spring St., Los Angeles CA 90012
Mitchell M. Martinez
Office of the Chief Counsel
Urban Mass Transportation Administration, Washington DC 20590
Before POOLE, and BOOCHEVER, Circuit Judges, and SOLOMON,* District Judge.