Como-Falcon Coalition, Inc. v. Department of Labor

Civ. No. 3-78-64 (465 F. Supp. 850, 12 ERC 1661) (D. Minn. December 11, 1978)

ELR Digest

After preliminarily enjoining establishment of a Job Corps center in a residential community, the court lifts its injunction based on its finding that the action does not constitute a major federal action significantly affecting the environment and thus does not require preparation of an environmental impact statement under the National Environmental Policy Act (NEPA). The center is to be located in renovated facilities formerly occupied by a college and seminary. It will provide housing for approximately 400 youths and will require initial funding of approximately $3 million and $2 million per year thereafter.

The court first finds that in light of the amount of funds involved, the action constitutes a major federal action under NEPA. The court next examines the adverse cultural and socioeconimic effects of the project, finding that such effects will not significantly exceed the effects of the college and seminary which formerly occupied the location. Although the federal defendant did not provide for the kind of public input required under thd case law, the agency did not abuse its discretion in this regard nor did it act unreasonably in deciding not to prepare an environmental impact statement for the project.

The full text of this opinion is available from ELR (19 pp., $2.50 ELR Order No. C-1166).

Counsel for Plaintiffs
Ronald J. Riach
Franke, Riach & Franke
2233 N. Hamline Ave., St. Paul MN 55113
(612) 636-6400

Counsel for Defendants
Francis X. Hermann, Ass't U.S. Attorney
316 N. Robert St., St. Paul MN 55101
(612) 725-7171

Harold L. Robinson
Office of the Solicitor
Department of Labor, Federal Office Bldg., 230 S. Dearborn St., Chicago IL 60604
(312) 353-7256

William P. Marshall, Special Ass't Attorney General
102 State Capitol, St. Paul MN 55155
(612) 296-2591

MacLaughlin, J.

[OPINION OMITTED BY PUBLISHER IN ORIGINAL SOURCE]