ELR Citation: ELR 20481
No(s). A-70-CA-136 (W.D. Tex. Feb 12, 1971)

Secretary of Interior's grant of federal funds to Texas for acquisition of lands on Mustang Island for state park purposes pursuant to Land and Water Conservation Fund Act, 16 U.S.C. §§4601 et seq, set aside because not in accordance with statewide comprehensive outdoor recreation plan as required by that statute. The Secretary's approval of the application for grant by the state also violated his own regulations implementing the Land and Water Conservation Fund Act because in that application the state failed to comply with land appraisal requirements of those regulations and the application was not filed with approval of appropriate state officials. The Secretary also failed to comply with state and regional clearinghouse requirements of Bureau of the Budget (OMB) Circular A-95 and Department of Interior's rules implementing that directive. The challenged actions of the Secretary and his delegates, though involving discretionary power, were not so committed to agency discretion by the Land and Water Conservation Fund Act as to bar judicial review under the Administrative Procedure Act. This action cannot be maintained as a class action because alleged class is not sufficiently defined. However, the individual claimants have stated a cognizable claim and have sufficiently alleged injury-in-fact and interests protected by the relevant statutes so as to warrant a denial of defendants' motion to dismiss.

Counsel for Plaintiff:
W. Robert Brown
510 Gulf Building
Houston, TX 77002
(713) 223-4151

Counsel for Federal Defendants:
Seagal Wheatley U.S. Attorney
204 Austin National Bank Building
Austin, TX
(512) 472-5494

Counsel for State Defendants:
W.O. Schultz II Asst. Attorney General
Box 12548, Capitol Station
Austin, TX 78711
(512) 475-2501

We ask that all dogs are place in a kettle or removed from the home in order for the inspection to be successful and completed in a timely matter.