ELR Citation: ELR 20041
No(s). 72-2165 (5th Cir. Jan 16, 1973)

The Court of Appeals for the Fifth Circuit vacates part of a judgment denying injunctive relief against construction of a federal office building and remands for further proceedings. For the earlier opinion of the district court, see 2 ELR 20305. The court holds that, under the National Environmental Policy Act (NEPA), the threshold determination not to file an environmental impact statement is to be reviewed under the rule of reasonableness rather than by the standard of arbitrariness and capriciousness, and that on remand the district court may go beyond the administrative record.

Counsel for Plaintiffs
Alex Boskoff
615 Perpetual Building
1111 E Street, NW
Washington, DC 20004

Counsel for Defendants
Charles White-Spunner Jr. U.S. Attorney
Mobile, AL 36602

Kent Frizzell
John D. Helm
Jacques B. Gelin
Department of Justice
Washington, DC 20530