ELR Citation: ELR 20574
No(s). A-69-CA-119 (W.D. Tex. Feb 5, 1970)

This is one of the earliest cases based upon the National Environmental Policy Act (NEPA). The court grants a stay pending appeal to the Fifth Circuit. While the extensive federal project opposed by the plaintiffs is not described, there is apparently no disagreement that proceeding with construction would result in irreparable harm. The question of whether to grant the stay thus depends upon the court's assessment of plaintiffs' reasonable chance of success on appeal. The court concludes that NEPA will require FHA to reopen the case, even though FHA had completed its loan approval procedure before NEPA became law. This is not a retroactive application of NEPA, because the completion of the loan approval is only the beginning of an extensive federal project, of which no construction had yet begun when NEPA came into effect.

Counsel for Plaintiffs
Edward C. Fritz
505 North Ervay Street
Dallas, TX 75201

Sam Houston Clinton Jr.
205 Texas AFL-CIO Bldg.
308 W. 11th Street
Austin, TX 78701

Counsel for Defendants
Seagal Wheatly, U.S. Attorney
P.O. Box 1701
San Antonio, TX 78206

Roger Tyler, Ass't Attorney General
Capitol Station Box R
Austin, TX 78711