ELR Citation: ELR 20082
No(s). 72-1352 (1st Cir. Feb 2, 1973)

The Court of Appeals for the First Circuit reverses a judgment holding that the National Environmental Policy Act (NEPA) does not authorize injunctive relief against a private developer where the Department of Housing and Urban Development (HUD), the funding agency, failed to file a required environmental impact statement. The court concludes that the nexus between the developer and the federal grantor, involving as it did a 180-day commitment of a contractual nature, was sufficient to authorize injunctive relief, and remands the case for redetermination on the merits.

Counsel for Plaintiff
John Leubsdorf
Foley, Hoag & Eliot
10 Post Office Square
Boston, MA 02109

Ann H. Vohl
27 Partridge Road
Lexington, MA

Counsel for Defendants
J. Owen Todd
Robert W. Mahoney
Hale & Dorr
28 State Street
Boston, MA