ELR Citation: ELR 20935
No(s). 93-1286 PLF (D.D.C. Feb 3, 1995)

The court refuses to set aside or rescind the U.S. Park Service's transfer of jurisdiction over parts of Anacostia National Park to the District of Columbia pending the Park Service's completion of a court-ordered environmental assessment (EA) on the transfer. The Park Service transferred jurisdiction over parts of the park to facilitate development of a children's theme park. The court held in an earlier decision that the Park Service violated the National Environmental Policy Act (NEPA) by not preparing an EA or an environmental impact statement before the transfer, and ordered the Park Service to complete an EA. The court first holds that while it clearly has the authority to set aside the transfer of jurisdiction, it is not required to invalidate an agency's decision in fashioning a remedy under NEPA. This is not a case in which rescinding the action is necessary to assure that the agency can fully and fairly evaluate the environmental impact without its EA becoming futile. The record reflects that the theme park is barely started and that no development has taken place on the land at issue. The court holds that allowing the transfer of jurisdiction to remain in effect pending the Park Service's completion of the EA poses no threat to the integrity of the NEPA process and does not preclude the Park Service from fully and fairly evaluating other management alternatives. The court thus declines to rescind the transfer. The court notes that it is relying on the Park Service's representation that it will perform any environmental analysis it conducts without prejudging the outcome. Further, there is no evidence that the Park Service and relevant third parties will not and cannot preserve the status quo pending full NEPA compliance or that the government's representations are insufficient to assure that the Park Service will comply now.

[The decision on NEPA compliance is published at 25 ELR 20745.]

Counsel for Plaintiffs
Fern L. Shepard
Sierra Club Legal Defense Fund
1531 P St. NW, Ste. 200, Washington DC 20005
(202) 667-4500

Counsel for Defendants
Daniel Van Horn, Ass't U.S. Attorney
U.S. Attorney's Office
555 4th St. NW, Washington DC 20001
(202) 514-7566