ELR Citation: ELR 20316
No(s). 15389 (D. Conn. Dec 11, 1972)

A threshold determination by the Navy that a proposed housing project would not have sufficient environmental impact to warrant a formal NEPA impact statement is upheld since the Navy took into account numerous environmental factors when reaching its decision. NEPA does not set up existing zoning regulations as a standard for measuring environmental harm, and plaintiffs' emphasis on these regulations is misplaced. Additionally, the Navy is exempt from local zoning ordinances under a Third Circuit precedent.

Counsel for Plaintiffs
James T. Haviland, II
603 Poquonnock Road
Groton, CT 06340

Counsel for Defendants
Stewart H. Jones U.S. Attorney
Henry S. Cohen Assistant U.S. Attorney
450 Main Street
Hartford, CT 06118