ELR Citation: ELR 20727
No(s). 74-131-C (E.D. Okla. Sep 4, 1974)

The court enjoins the Office of Interstate Land Sales of the Department of Housing and Urban Development from approving a developer's Statement of Record and Property Report under the Interstate Land Sales Act for a planned development of 3,000 homes along the Illinois River until a NEPA impact statement has been prepared. Such an approval constitutes major federal action, and plaintiffs have adequately demonstrated that the development's septic tanks have the potential for significantly affecting the quality of the human environment by polluting the Illinois, a state-designated "scenic river." Plaintiffs have also established that there is an overriding public interest in the preservation of the character of the Illinois River Basin, and that there is a threat of injury to that interest if the Office does not comply with NEPA's procedures. The court finds further that the Office has failed to promulgate rules, regulations or guidelines for compliance with the requirements of NEPA. The Office is ordered to withdraw its previous approval of the development, and not to reinstate that approval pending a further order of the court.

Counsel for Plaintiffs
Andrew T. Dalton Jr.
2536 East 51st Street
Tulsa, OK 74105

James Khourie
Whitten, McDaniel & Osmond
2626 East 21st Street
Tulsa, OK 74114

James Ikard
Suite 1005 Cravens Building
Oklahome City, OK 73102

Counsel for Defendants
Edwin L. Gage Asst. U.S. Attorney
Federal Building
Muskogee, OK 74401

Peter S. Race
Room 1015
Dept. of Housing and Urban Development
Washington, DC 20410

Dennis A. Dutterer
Department of Justice
Washington, DC 20530