ELR Citation: ELR 20001
No(s). 73-1798 (D.C. Cir. Nov 21, 1973)

The Washington Metropolitan Area Transit Authority's Board of Directors failed to give proper consideration to environmental and aesthetic factors when it prepared a segment of its mass transit plan. Although a NEPA impact statement was not required since this was not a major federal action, the Board's failure constitutes a violation of the WMATA Compact provision that the Board consider such factors in choosing the location of various segments of the subway system. The case is therefore remanded and the Board directed to prepare a study of the impact on environmental and aesthetic amenities of the segment as currently proposed and of possible alternative alignments. In addition, the Board is ordered to conduct a public hearing after reasonable time for public scrutiny of the study has elapsed, in order to allow an opportunity for meaningful public evaluation and criticism.

Counsel for Plaintiffs
Joseph J. Saunders
3708 Yuma St., NW
Washington, DC 20016

Counsel for Defendant
Jordam S. Himmelfarb
950 L'Enfant Plaza, SW
Washington, DC 20024