ELR Citation: ELR 20835
No(s). 71-1411 (10th Cir. Jul 16, 1974)

The Tenth Circuit Court of Appeals affirms a lower court's ruling that NEPA does not specifically require voiding ab initio a grant offer of $4 million for construction of a road through the Santa Fe Forest even though the offer was made prior to filing an environmental impact statement. No funds have yet been disbursed on the grant, and the Economic Development Administration (EDA) of the Department of Commerce, which has prepared an EIS, is thus not precluded from objectively reconsidering the project. The district court was correct in holding the case moot since EDA has complied with the procedural requirements of NEPA by its timely, although belated, preparation of an EIS. For the district court's opinion, see 4 ELR 20037.

Counsel for Plaintiffs
James B. Allen Jr.
Mitchell, Mitchell & Allen
P.O. Box 1932
Santa Fe, NM 87501

Counsel for Defendants
Wallace H. Johnson, Asst. Attorney General
George R. Hyde
Peter R. Steenland
Department of Justice
Washington, DC 20530