ELR Citation: ELR 20358
No(s). 73-1057 (1st Cir. Mar 22, 1973)

NEPA applies to an ongoing Urban Renewal Plan approved by HUD in 1967 if there has been major federal action since 1970, or if HUD can exercise discretionary power under the basic contract to significantly alter the course or timing of the development, or if there is a reasonable expectation of further major federal action. If, after detailed investigation on remand, any one of these conditions is found present by the district court, the project shall be enjoined subject to HUD filing a modified impact statement within 90 days. Specific parcels may be exempted from the injunction if defendants prove that they are near completion or that there is no continuing or likely federal involvement. (For district court decision, see 3 ELR 20353.)

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