ELR Citation: ELR 20949
No(s). 90 C 1712 (N.D. Ill. Jan 25, 1991)

The court holds that the Postal Service's revised environmental assessment (EA) for the construction of a mail processing facility is neither arbitrary nor capricious and complies with the National Environmental Policy Act (NEPA), Executive Order No. 11988 regarding floodplain management, and the Postal Service's own regulations. The court first holds that defendant's finding of no significant impact (FONSI) for the project's impact on the floodplain is a reasoned decision. Noting that the agency has discretion in selecting "the best available information" required in Executive Order No. 11988, the court holds that defendant has reasonably relied on the United States Water Bureau's rainfall estimates in determining the size of the stormwater detention basin. The court also finds defendant responsible only for the stormwater runoff increase resulting from the construction irrespective of local permitting authority requirements.

The court also accepts defendant's FONSI on the human environment. Again showing deference to the agency's professional judgement, the court finds it inappropriate to question defendant's calculation of the sewer system capacity and its method of evaluating the facility's impact on the traffic pattern. The court further holds that defendant has sufficiently considered the impact on adjacent land. Defendant is not required to extend sanitary sewers through its site to accommodate future development, especially when none has been planned. Defendant has also adequately considered alternative sites, shown in the detailed study of 43 sites in the EA.

Finding that defendant's FONSI is neither arbitrary nor capricious, the court holds that an environmental impact statement is unnecessary. The court further holds that defendant has complied with the Intergovernmental Cooperation Act by its continuous correspondence and meetings with the local planning officials in addressing local concerns. Finally, the court stays further discovery and denies the city's request to enjoin the Postal Service's construction of its new facility.

Counsel are listed at 21 ELR 20939.