ELR Citation: ELR 20887
No(s). 979-73 (D.D.C. Jun 21, 1973)

The District of Columbia City Council's closing of a public alley after receipt of a recommendation from a federal agency that this would facilitate construction of a private parking garage does not constitute major federal action for the purpose of NEPA. The court thus denies a motion for a preliminary injunction pending determination of whether an EIS was required, since plaintiff is unlikely to prevail on the merits. Present D.C. Air Quality Regulations do not require consideration of vehicular emissions associated with the proposed garage's operation prior to issuance of a construction permit. The court notes that although this may be illegal under the Clean Air Act, the regulations are undergoing reevaluation and the task of filling the existing vacuum regarding review of complex sources such as parking garages must fall in the first instance on the District's Department of Economic Development.

Counsel for Plaintiff
Jonathan S. Bowers
Herman Bluestein
2008 Hillyer Place NW
Washington, DC 20009

Counsel for Defendants
Nathan Dodell Asst. U.S. Attorney
U.S. Courthouse
3rd and Constitution Avenue
Washington, DC 20001

Charles T. Duncan
Alvin Friedman
Epstein & Friedman
1001 Connecticut Avenue
Washington, DC 20036