ELR Citation: ELR 20287
No(s). 72-1268 (5th Cir. Apr 3, 1973)

A lower court ruling which after a full trial upheld as reasonable a HUD threshold determination not to file an impact statement under the National Environmental Policy Act for a proposed housing project is affirmed. A court should proceed beyond the administrative record to an evidentiary hearing in threshold decisions, only if plaintiff raises substantial environmental issues and can show an inadequate evidentiary development before the agency. The HUD practice of considering only adverse effects in deciding whether a project significantly affects the environment does not comply with the requirements of §102(2)(C) of NEPA, but because the district court fully explored and validated the threshold determination in this case, an impact statement is not required.

Counsel for Plaintiffs
Hellmut A. Erwing
Main Building
1216 Main Street
Houston, TX 77002

Counsel for Defendants
James Gough Assistant U.S. Attorney
P.O. Box 61129
Houston, TX 77061

Larry G. Gudderidge
Department of Justice
Washington, DC 20530