ELR Citation: ELR 20782
No(s). 83 CIV 0181 (E.D.N.Y. May 5, 1983)

The court upholds a determination by the Department of Housing and Urban Devolopment (HUD) that the financing of a 111-unit housing project is not a major federal action requiring preparation of an environmental impact statement (EIS) under the National Environmental Policy Act (NEPA).

The court holds that HUD regulations fixing 500 housing units as a cutoff point for filing an EIS in housing projects are consistent with NEPA and congressional intent. The court rejects plaintiffs' argument that the regulations violate the Fifth and Ninth Amendments. The court also rules that HUD's reliance on the regulations to determine that the project was not a major federal action was not arbitrary or capricious because the regulations served as a reasonable basis for determining the cost and construction time of the project. Nor did the agency act arbitrarily or capriciously in determining that the project would not have a significant impact on the environment. The agency considered the effects of the project's sewer system as well as the project's size and its consistency with local building standards.

Counsel for Plaintiffs
Paul E. Kerson
125-20 Queens Blvd., Kew Gardens NY 11415
(212) 793-8822

Counsel for Defendants
Raymond J. Dearie, U.S. Attorney; Rodger C. Field
U.S. Cthse., 225 Cadman Plaza E., Brooklyn NY 11201
(212) 330-7106

Frederick A.O. Schwarz Jr., Corp. Counsel; Seth J. Cummins, Michael C. Harwood
Law Department, 100 Church St., New York NY 10007
(212) 566-3929

Mark L. Koblenz
Koblenz & Carr
74 State St., Albany NY 12207
(518) 462-4242