ELR Citation: ELR 20175
No(s). C-72-1406 WTS (N.D. Cal. Dec 12, 1972)

The court refuses to grant a preliminary injunction to prevent construction of a combination sewage outfall pipe and fishing pier where the Environmental Protection Agency (EPA) and the California Bureau of Outdoor Recreation (BOR) have not acted arbitrarily or capriciously in determining that the project will not "significantly affect the quality of the human environment." Since EPA and the BOR have acted correctly in making this determination, the federal and state agencies funding the project are not required to issue environmental impact statements under the National Environmental Policy Act and the California Environmental Quality Act.

Counsel for Plaintiffs
Thomas R. Adams
Legal Aid Society of San Mateo County
6836 Mission Street
Daly City, CA 94014

Counsel for Defendants
Richard Jacobs Deputy Attorney General
6000 State Building
350 McAllister Street
San Francisco, CA 94102

John R. Sherman City Attorney, City of Pacifica
City Hall
170 Santa Maria Avenue
Pacifica, CA 94044