ELR Citation: ELR 20037
No(s). 8799 (D.N.M. Nov 26, 1973)

NEPA does not require that the Economic Development Administration void its initial funding grant for the Elk Mountain Road project and reconsider the application in competition with other current projects seeking funds, even though the grant was issued before an environmental impact statement was prepared. The court rejects plaintiff's assertion that EDA is incapable of weighing impartially the environmental effects of the project and the advantages gained by its completion. The record indicates that EDA has filed a final EIS and will reconsider the grant of funds to the project in light of this statement, which is all that the statute requires.

Counsel for Plaintiff
James B. Alley
Mitchell, Mitchell & Alley
P.O. Box 1932
Santa Fe, NM 87501

Counsel for Defendants
Victor R. Ortega, U.S. Attorney
P.O. Box 607
Albuquerque, NM 87103

Millard K. Neptune
702 Colorado St.
Austin, TX 78701