ELR Citation: ELR 20476
No(s). 74-392-S (D. Mass. Mar 22, 1974)

A motion to enjoin a building rehabilitation project on the ground that the Department of Housing and Urban Redevelopment did not file an environmental impact statement is denied because the plaintiffs are unable to prove that they constituted a class for Rule 23 purposes, or that the project would significantly affect the quality of the human environment within the area. The court rules, however, that HUD's undertaking the mortgage insurance and guaranteeing the urban renewal developer's interest payments constitutes "major federal action" within the meaning of NEPA. In Count Two of the complaint, plaintiffs' application for an injunction on the ground that the Renewal Plan was substantially changed after its approval by the city council is also denied, the plaintiffs not having offered any evidence to show that the Project did not comply with the Plan.

Counsel for Plaintiffs
Robert Y. Murray
Moulton, Looney, Mazzone, Falk & Markham
15 Broad Street
Boston, MA 02109

Counsel for Defendants
Clarence E. Dilday
21 Merchants Row
Boston, MA 02109

William A. Brown
Assistant United States Attorney
1107 Coach Street
Boston, MA 02173

J.W. McCormack
United States Post Office and Court House
Post Office Square
Boston, MA 02209

Charles J. Speleotis
New City Hall, 9th floor
Government Center
Boston, MA 02201

Betty Ann Cherry Kaufman
Suffolk County Courthouse
55 Pemberton Square
Boston, MA 02208