Silva v. Lynn

ELR Citation: ELR 20698
No(s). 73-1200 (1st Cir. Jul 5, 1973)

Ruling that NEPA and the APA require production of the entire administrative record for judicial review of an EIS, the court finds the EIS for a housing project inadequate, as it is insufficiently detailed to disclose fully the facts of the problem, possible alternative solutions, and the rationale for the particular solution chosen by the agency. The court reinstates an injunction against HUD and the project's private developer, and remands with instructions that the agency supply detailed reasons in support of its choice of a drainage plan and of number and placement of housing units. For earlier decisions in the same litigation, see 2 ELR 20385, 3 ELR 20082.

Counsel for Plaintiffs
Anne M. Vohl
27 Partridge Road
Lexington, MA 02173

Counsel for Defendants
James N. Gabriel U.S. Attorney
Frederic R. Kellogg
Asst. U.S. Attorney
1107 John W. McCormack Post Office and Courthouse
Boston, MA 02109

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