Montgomery County v. Richardson

Civil No. 2496-71 (D.D.C. January 31, 1972)

The Department of Health, Education and Welfare must prepare an environmental impact statement on the Tri-Services Incinerator Project at the Walter Reed Medical Center, since it constitutes a major federal action under the National Environmental Policy Act.

Counsel for Plaintiffs
Irvine B. Nathan
1229 19th Street, N.W.
Washington, D.C. 20036

Counsel for Defendants
Arthur D. Smith
Department of Justice
Washington, D.C. 20530

[2 ELR 20140]

Jones, J.

FINAL ORDER

This matter having been tried on cross motions for summary judgment before the Court, in open Court, on January 27, 1972, and the Court having fully considered the pleadings and the evidence and the arguments and briefs of counsel, and, on the basis thereof, the Court hereby orders and decrees:

1. Plaintiffs' motion for summary judgment be and hereby is granted;

2.Defendants' motion for summary judgment be and hereby is denied;

3. The Tri-Services Incinerator Project at the Walter Reed Medical Center Annex in Montgomery County. Maryland is a "major Federal action significantly affecting the quality of the human environment" within the meaning of the National Environmental Policy Act of 1969, 42 U.S.C. § 4332; and

IT IS THEREFORE FURTHER ORDERED AND DECREED that the defendants Elliot L. Richardson, Secretary, Department of Health, Education, and Welfare; Robert O. Marston, Director, National Institutes of Health; Robert F. Froehlke, Secretary of the Army; and John H. Chafee, Secretary of the Navy; and their agents, officers, servants and employees and any persons in active concert or participation with them be, and they are hereby, permanently enjoined, pending completion of the environmental impact statement procedures set forth in Statements on Proposed Federal Actions Affecting the Environment, 36 Fed. Reg. 7724 (April 23, 1971), published by the Council on Environmental Quality, from proceeding further with construction of the Tri-Services Incinerator at the Walter Reed Army Medical Center Annex. Nothing in this order shall be deemed to preclude defendants and their agents from taking such precautionary actions as may be necessary and indispensable for insuring that the site in its present state will not pose a health or safety risk to the community.