ELR Citation: ELR 20353
No(s). 72-3621-C (D. Mass. Feb 12, 1973)

NEPA does not apply to an ongoing Urban Renewal Plan approved by HUD in 1967 even though the loan interest rate and funding grant of the project were increased after January 1, 1970, since this did not constitute major federal action. NEPA was not intended to apply retroactively where the federal government has no power to change the project after reviewing the impact analysis. NEPA also does not apply to privately financed demolition and construction on privately held land within the scope of the Renewal Plan. (Modified on appeal, 3 ELR 20358.)

Counsel for Plaintiffs
Daniel Sullivan
Boston Legal Assistance Project
1486 Dorchester Avenue
Boston, MA 02122

Patrick J. King
Boston Legal Assistance Project
505 Columbus Avenue
Boston, MA 02118

Counsel for Defendants
James N. Gabriel U.S. Attorney
Frederic R. Kellogg Assistant U.S. Attorney
1107 John W. McCormack Federal Building
Boston, MA 02109

John C. Conley General Counsel
Arthur G. Coffey Assistant General Counsel
City Hall
Boston, MA 02201

John Paul Sullivan
Lewis H. Weinstein
Sandra Grobman
Foley, Hoag & Eliot
10 Post Office Square
Boston, MA 02109

Joseph H. Rosenshine
80 Congress Street
Boston, MA 02109