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Breckinridge v. Rumsfeld

ELR Citation: 6 ELR 20597
Nos. No. 75-2505, 537 F.2d 864/9 ERC 1059/(6th Cir., 07/09/1976) Rev'd

The Sixth Circuit reverses a lower court's ruling, 6 ELR 20111, and holds that the United States Army need not prepare a NEPA impact statement in connection with the closing of a military base and transfer of its personnel and functions. The proposed closing of the Lexington-Bluegrass Army Depot does not threaten any long term impact on a traditional environmental asset nor involve any permanent commitment of a national resource. The action promises to cause only short term personal inconveniences and economic disruptions such as temporarily increased unemployment in the Lexington area. NEPA requires consideration of factors other than the physical environment but only where the action at issue has a primary impact on the physical environment.

Counsel for Plaintiffs-Appellees are listed at 6 ELR 20111.

Counsel for Defendants-Appellants
Eldon L. Webb, U.S. Attorney
P.O. Box 1490
Lexington KY 40501
(606) 252-2312

Edmund B. Clark
Kathryn B. Oberly
Department of Justice
Washington DC 20530
(202) 739-2748

Brian O'Neill, Asst. General Counsel
Office of the Secretary of the Army
Washington DC 20310
(202) 695-3305

Before PHILLIPS, Chief Judge, and CELEBREZZE and MILLER,* Circuit Judges.