ELR Citation: ELR 20004
No(s). 90-5017 (D.C. Cir. Oct 12, 1990)

The court holds that the National Environmental Policy Act (NEPA) does not require the filing of an environmental impact statement for proposed extensions to a light rail project in Baltimore. The court holds that an Urban Mass Transportation Administration (UMTA) grant for preliminary studies of the project does not constitute "major federal action" within the meaning of NEPA. Nor does Maryland's hope of receiving a $40 million UMTA grant provide evidence that the federal government is committed to funding the project. The court also holds that the project has not been "federalized" so that NEPA applies because the Army Corps of Engineers has discretion over only a negligible portion of the project and federal participation is insufficient to create a partnership or joint venture between Maryland and the federal government.

[A previous decision in this litigation is published at 20 ELR 20390.]

Counsel for Appellants
Joseph J. McGovern
Obermayer, Rebmann, Maxwell & Hippel
Packard Bldg., 14th Fl., 15th & Chestnuts Sts., Philadelphia PA 19102
(215) 665-3000

Counsel for Appellants
Mark E. Nagle, Ass't U.S. Attorney; Jay B. Stephens, U.S. Attorney
Environment and Natural Resources Division
U.S. Department of Justice, Washington DC 20530
(202) 514-2000

Before WALD, Chief Judge, and RUTH B. GINSBURG and THOMAS, Circuit Judges.