affect the environment. Replacement of the existing structures within those five squares with high-rise office buildings will permanently alter the character of the downtown area, increase pedestrian and vehicular traffic, parking and public transportation needs, all of which will have an impact on the environment.
11. Defendant RLA has and continues to acquire properties within those five squares and will assemble and offer them to developers for redevelopment in accordance with the disposition controls, although demolition does not appear to be contemplated for at least 120 days and no damage to the environment is likely to occur during that period.
12. Defendants have not prepared or submitted a formal impact statement, as required by Section 102(2)(C) of the National Environmental Policy Act of 1969, concerning the environmental impacts of the downtown urban renewal project.
13. Acquisition of properties by RLA for eventual redevelopment in accordance with the disposition controls adopted by the City Council is a major action in the downtown urban renewal project.
CONCLUSIONS OF LAW
1. The downtown urban renewal project is a major federal action significantly affecting the quality of the human environment.
2. The National Environmental Policy Act of 1969, 42 U.S.C. § 4321 et seq., requires consideration of environmental impacts at every important stage in the decision-making process concerning the downtown urban renewal project. Calvert Cliffs Coordinating Committee, Inc. v. United States Atomic Energy Commission, 146 U.S. App. D.C. 33, 449 F.2d 1109 (D.C. Cir. 1971).
3. Plaintiff has made a substantial showing that in the planning, development and decisions to proceed with the downtown urban renewal project defendants have not complied with the requirements of the National Environmental Policy Act of 1969.
4. This action is not barred, res judicata, by the Order of this Court entered on July 30, 1971 in BASYAP v. D.C.R.L.A., Civil Action No. 1648-70.
5. If a preliminary injunction does not issue, plaintiff and its members will suffer irreparable injury for which there is no adequate remedy at law.
6. Issuance of the preliminary injunction will be stayed for a period of 120 days from the date hereof to afford HUD the opportunity to prepare and file a formal environmental impact statement for the downtown urban renewal project.
Accordingly, it is this 15th day of March, 1972
Ordered that the defendants, their agents, officers, servants, employees and attorneys, and any person in active concert or participation with them, be and they hereby are enjoined and restrained, pending the final disposition of this suit, from rendering any financial assistance, acquiring or disposing of any properties, or continuing in any way with the downtown urban renewal project, and it is further
Ordered that the issuance of this preliminary injunction be and it hereby is stayed for a period of 120 days from the date hereof, and it is further
Ordered that defendants' motion to dismiss be and it hereby is denied.
Decision on the cross-motions for summary judgment will be held in abeyance. Bond will be set at such time as the stay of issuance of the preliminary injunction terminates.
© 1992-2004 VersusLaw Inc.