ELR Citation: ELR 20492
No(s). Civ. 71-528 (D. Or. Sep 9, 1971)

Construction loan by HUD of more than $3.1 million for high-rise apartment building for student occupancy in area where none presently exists is "major" federal undertaking that will have a "significant impact upon the quality of the human environment" in the area involved and thus requires the filing of an environmental impact statement as required by NEPA. Project may increase traffic, concentrate student population, change character of neighborhood and affect scenic views from other property, HUD's determination that no impact statement was necessary was wrong. The project, however, is 14-17 percent complete. Thus, injunction will issue but will be stayed for 90 days while HUD prepares statement.

Counsel for Plaintiffs:
Charles J. Merten
Marmaduke, Aschenbrenner, Merten & Saltveit
1008 Southwest Sixth Avenue
Portland, OR 97204
(503) 227-3157

Counsel for HUD:
Sidney I. Lezak U.S. Attorney
Jack G. Collins First Assistant U.S. Attorney
U.S. Court House
Portland, OR 97207
(503) 226-3361

Counsel for Defendant Intervenors:
Gerson F. Goldsmith
Goldsmith, Siegel & Engel
Boise Cascade Bldg.
Portland, OR 97201
(503) 226-4185