ELR Citation: ELR 20612
No(s). 71-1351 (4th Cir. Nov 8, 1971)

District court decision reversed as to federal appellees, affirmed as to state appellee. Administrators of Law Enforcement Assistance Administration (LEAA) must comply with provisions of NEPA and National Historic Preservation Act (NHPA) in considering grants to state agencies under Safe Streets Act. District Court erred in concluding that the two environmental acts could not be reconciled with the Safe Streets Act. Intent of obligatory language in latter was to guard against creation of federal police force. No such danger exists in assessment of environmental implications of federal action demanded by NEPA and NHPA. But injunction denied as to state official, because NEPA and NHPA apply only to federal agencies. State official would not abridge appellants' constitutional rights by failing to consider environmental values in deciding upon location of correctional facility.

Counsel for Hiram B. Ely, et al.
Emanuel Emroch
1119 Central National Bank Building
Richmond, VA 23319
(703) 649-9077

Counsel for Federal Defendant, Richard W. Velde
David G. Lowe Assistant United States Attorney
Post Office Building
Richmond, VA 23219
(703) 644-4097

Counsel for State Defendant, Otis L. Brown
Vann H. Lefor Assistant Attorney General
Supreme Court Building
Richmond, VA 23219
(703) 770-2071