ELR Citation: ELR 20227
No(s). 72-1181-J (D. Mass. Oct 31, 1972)

A suit to enjoin the construction and operation of a synthetic gas refinery is dismissed as premature. The court refuses to reach the question whether the National Environmental Policy Act (NEPA) is a jurisdictional statute. The court concludes that it may not review an initial decision by a Federal Power Commission hearing examiner since it does not constitute final agency action.

Counsel for Plaintiffs
Richard N. La Salle
866 County Street
Somerset, MA 02726

Counsel for Defendants
Charles McGee
1145 19th Street, NW
Washington, DC 20036

Terry P. Segal Assistant U.S. Attorney
U.S. Court House
Boston, MA 02109

Platt W. Davis III Staff Counsel
Federal Power Commission
441 G Street, NW
Washington, DC 20001