ELR Citation: ELR 20390
No(s). 89-1161 (D.D.C. May 31, 1989)

The court refuses to grant opponents of a Maryland light rail project a preliminary injunction to halt construction because they failed to demonstrate "major federal action" sufficient to invoke National Environmental Policy Act (NEPA) compliance. The court holds that early federal involvement and planning do not constitute major federal action. The state was within its rights to segment the light rail project into nonfederally funded portions even where the state was clearly trying to circumvent NEPA compliance. The project has logical termini, has substantial independent utility, and does not foreclose alternatives. The opponents failed to prove that the project would cause irreparable environmental harm if it was not enjoined, whereas the state was able to demonstrate that potential users of the system would be harmed and project costs would increase considerably due to the delay that NEPA compliance would entail.

Counsel for Plaintiffs
Joseph J. McGovern, Beth Anne Smith
Baskin, Flaherty, Elliott & Mannino
Three Mellon Bank Ctr., 18th Fl., Philadelphia PA 19102
(215) 977-7400

Counsel for Defendants
Mark E. Nagle, Ass't U.S. Attorney
555 Fourth St. NW, Rm. 4814, Washington DC 20001
(202) 272-9232