ELR Citation: ELR 20717
No(s). 72-1769 (8th Cir. Jul 31, 1974)

The Eighth Circuit Court of Appeals reverses a lower court's ruling that plaintiffs lack standing to maintain an action seeking to enjoin construction of a proposed "new town" project for lack of compliance with the requirements of NEPA. Plaintiffs' allegations of injury in the form of increased automobile traffic, general crowding, and attendant air and noise pollution, in addition to the loss of off-tract uses such as viewing the open space and natural environment, constitute statements of specific injury by individuals who reside near or pass through the affected area. Under the Supreme Court's recent pronouncements in United States v. SCRAP and Sierra Club v. Morton, these alleged injuries are adequate to give plaintiffs standing to mount this NEPA challenge to the proposed project. The court does not rule on the merits of plaintiffs' claims that the Corps of Engineers and the Federal Highway Administration have illegally failed to prepare a NEPA impact statement for construction of an urban levee and an interstate highway interchange, both of which improvements and are essential to the overall project. Only the standing issue is ripe for determination by the appeals court; the question of whether, in fact, the project involves major federal action is left for the district court to determine on remand.

Counsel for Plaintiffs
Lewis C. Green
Green, Hennings & Henry
Boatmen's Bank Building
St. Louis, MO 63102

Counsel for Defendants
Neil Proto
Department of Justice
Washington, DC 20530

William F. McCalpin
Lewis, Rice, Tucker, Allen & Chubb
611 Olive Street, Suite 1555
St. Louis, MO 63101

John H. Gladden
State Highway Building
Jefferson City, MO 65101