ELR Citation: ELR 20771
No(s). 73-1573 (7th Cir. Sep 13, 1973)

A supplemental environmental assessment which concludes that the construction of a partially completed federal parking garage and detention center in Chicago does not significantly affect the quality of the human environment, is a lawful exercise of the General Services Administration's discretion and fulfills the requirements of NEPA regarding the project. Defendants' defenses of laches and lack of standing are dismissed, but the court upholds the district court's denial of plaintiffs' motion for a permanent injunction, noting the factual and procedural similarities between this case and Hanly v. Kleindienst, 3 ELR 20016 (2d Cir. 1972), where a supplemental environmental assessment was also upheld. The court concludes that the threshold decision was valid after noting the serious need for the center, and weighing such factors as its architectural design, its remoteness from residential areas, possible traffic congestion, possible loitering of parolees and accused criminals, and the present character of the area in which the center will stand.

Counsel for Plaintiffs
Calvin P. Sawyier
Winston, Strawn, Smith & Patterson
One First National Plaza
Chicago, IL 60670

Lois F. Lasky
53 W. Jackson Boulevard
Chicago, IL 60604

Counsel for Defendants
James R. Thompson U.S. Attorney
219 S. Dearborn Street
Chicago, IL 60604