ELR Citation: ELR 20106
No(s). 72 C 1197 (N.D. Ill. Nov 21, 1973)

NEPA does not require the Department of Housing and Urban Development to file an environmental impact statement for the construction of court-ordered federally financed public housing in Chicago. HUD's conclusion that the proposed housing would not significantly affect the environment may not be overturned absent a clear showing that it is mistaken on the facts. The court notes that although people may create pollution, the do not themselves constitute it, and environmental impact within the meaning of NEPA cannot reasonably be construed to include a class of persons per se. Nor does plaintiffs' evidence, in the form of testimony by two social scientists concerning the probable conduct of low- and middle-income public housing tenants, show persuasively that the project will adversely affect the environment. Prospective tenants for the proposed housing must be regarded as free and legally responsible individuals whose future conduct may not be presumed to be determined by statistical studies of other individuals in the same social or economic class. The case is dismissed on the merits with costs.

Counsel for Plaintiffs
Joseph V. Karaganis
33 N. La Salle Street
Chicago, IL 60602

Lawrence G. Martin
Ross, Hardies, O'Keefe, Babcock, McDugald & Parsons
122 S. Michigan Ave.
Chicago, IL 60603

Counsel for Defendants
James R. Thompson U.S. Attorney
219 S. Dearborn Street
Chicago, IL 60604

Patrick W. O'Brien
Watson B. Tucker
Mayer, Friedlich, Spiess, Tierney, Brown & Platt
231 S. La Salle Street
Chicago, IL 60604