ELR Citation: ELR 20764
No(s). 459-70-R (E.D. Va. Jul 9, 1973)

The requirements of NEPA no longer apply to a proposed state medical center for prisoners since the state has renounced any intention to use federal funds for construction of the project. Although the federal funds originally designated for the center were actually used for other state programs rather than returned to the U.S. Treasury, the court finds that there has been no indirect federal funding of the center via state funds taken from existing programs and replaced by these federal funds. The alternative projects which absorbed the federal grants were developed later and would not have been undertaken without the prospect of this federal money. In addition, since contacts between state and federal officials concerning plans for the center were minimal, the project did not take on a permanently federal character prior to the state's renunciation of funding. The fact that the state might have repudiated federal funds for the sole reason that the environmental requirements were too burdensome is relevant but not conclusive since the center project had not taken on a federal character at that time. For earlier opinions in the case regarding the applicability of NEPA to the project prior to the renunciation of federal funding, see 1 ELR 20082 and 1 ELR 20612.

Counsel for Plaintiffs
Emmanuel Emroch
Emroch, Cowan, Kauffman & Emroch
Suite 1119, Central National Bank Building
Richmond, VA 23219

Counsel for Defendants
Vann H. Lefcoe Asst. Attorney General
911 E. Broad Street
Richmond, VA 23219