ELR Citation: ELR 20844
No(s). 73-3378 (5th Cir. Oct 4, 1974)

The court of appeals affirms the district court's finding that HUD's environmental impact statement for the San Antonio Ranch development conformed in all ways to the requirements of NEPA. While agreeing that the original EIS did not meet NEPA's demands, it reverses the lower court's award of attorney fees to environmentalist plaintiffs. Explicitly refusing to follow the lead of the D.C. Circuit in Wilderness Society v. Morton, the court states that unless a private party can be shown to have controlled the agency's actions or caused its default, it cannot be made to pay attorney fees when it is the government that has failed to comply with the law. The court rules also that the district court improperly retained jurisdiction over the case after rendering its judgment on the merits for the defendants.

Counsel for Plaintiff
Philip Hardberger
119 Villeta
San Antonio, TX 78205

Bruce J. Terris
1908 Sunderland Place, NW
Washington, DC 20036

Counsel for Defendant HUD
Pat Shovlin
Federal Building
San Antonio, TX 78205

Counsel for Defendant San Antonio Ranch
Segal Wheately
620 Travis Park West
San Antonio, TX 78205