ELR Citation: ELR 20295
No(s). 73-3921 (D. Haw. Feb 12, 1974)

The court denies plaintiffs' motion for summary judgment and dismisses a suit to enjoin the Secretary of Defense from releasing or acquiring land in Hawaii pursuant to a Department of Defense (DOD) Facilities Plan regarding long range requirements until a NEPA impact statement covering the entire Plan has been filed. Acknowledging that the Act itself does not require an EIS for such a general plan of a preliminary nature, plaintiffs nonetheless contend that DOD regulations mandate preparation of an impact statement in this case. Noting that the Secretary has maintained that an EIS will be prepared each time a parcel is released or acquired under the Plan, the court rules that EIS preparation for the entire Plan is discretionary under the regulations unless the Secretary determines that the Plan will significantly affect the environment. Plaintiffs have failed to allege that such a determination has been made, and accordingly the case must be dismissed for failure to state facts that would justify relief.

Counsel for Plaintiffs
Thomas M. Pin Jr.
333 Queens Street
Suite 805
Honolulu, HI 96813

Counsel for Defendant
Warren H. Higa Asst. U.S. Attorney
Federal Building
335 Merchant Street
Honolulu, HI 96813