ELR Citation: ELR 20228
No(s). 8799 (D.N.M. Jun 1, 1971)

Failure of Economic Development Administration to file an environmental impact statement under the National Environmental Policy Act in connection with $3,795,200 grant to county for construction of 26 miles of new road and surfacing of 7.5 miles of existing road to run partly through national forest does not violate the National Environmental Policy Act where the Forest Service, as the "lead agency" involved with the project, had filed a draft statement and expected to file a final statement prior to issuance of right-of-way permit necessary for project to traverse national forest lands. Guidelines of the Council on Environmental Quality require that only the lead agency must file an impact statement where separate agencies make decisions which will have a significant, cumulative impact on environment. Plaintiff conservation society has standing to bring this action as an aggrieved party under §702 of the Administrative Procedure Act. While NEPA itself imposes no sanctions for failure of agency to comply with its provisions, several courts have viewed NEPA as, at the least, an environmental full disclosure law and have granted preliminary injunctive relief when federal agencies have failed to comply with its requirements.

Counsel for Upper Pecos Association:
James B. Alley
Mitchell, Mitchell & Alley
123 West Palace Avenue
P.O. Box 1932
Santa Fe, NM 87501
(505) 982-3624

Counsel for Defendants:
Frederick Miller U.S. Attorney
Room 2137
Justice Department
Washington, DC 20530
(202) 739-2845