ELR Citation: ELR 20124
No(s). 72-1969 (9th Cir. Jan 18, 1973)

The Court of Appeals for the Ninth Circuit affirms in part and reverses in part a judgment holding that the San Francisco Yerba Buena and West Berkeley urban renewal projects do not require National Environmental Policy Act (NEPA) impact statements. The court holds that, in the case of urban renewal projects commenced prior to January 1, 1970, NEPA applies only where "major federal action" has occurred subsequently. With respect to the Yerba Buena Project, the court concludes that neither amendatory grants nor the right of HUD to monitor development constitute "major federal action." However, with respect to the West Berkeley Project, the court rules that the change of purpose from industrial park to neighborhood development is "major federal action." For the opinion of the court below, see 2 ELR 20273.

Counsel for Plaintiffs
J. Anthony Kline
Public Advocates, Inc.
443 Turk Street
San Francisco, CA 94102

James W. Moorman
311 California Street
San Francisco, CA 94104

Counsel for Defendants
James L. Browning Jr., U.S. Attorney
450 Golden Gate
San Francisco, CA 94102

Henry F. Davis
Michael A. DiSanto
939 Ellis Street
San Francisco, CA 94109

Henry Bourgignon
Department of Justice
Lands & Natural Resources Division
Washington, DC 20530