case was inadequate for failing to consider, in conjunction with the relocation of the Naval Oceanographic Center at Bay St. Louis, the proposed actions by the Army and NASA. In response, the Government argues that these other actions were conjectural and uncertain at the time the Navy decided to move, and that therefore the impact statement was not inadequate in this regard. It is true that only those projects that are reasonably definite and contemporaneous with each other need be considered in a single impact statement. This is clearly a matter of degree. There is no litmus test to determine what should or should not be covered in an impact statement. It is for a court to resolve that question in light of the totality of all the facts and circumstances in each case.
Applying this test, the Court concludes that the proposed actions by the Army and by NASA should have been considered in the Navy's Environmental Impact Statement. While neither of these projects has received final approval, they have advanced beyond the point of conjecture and speculation. For several years the NASA facility at Bay St. Louis has been under-utilized, and NASA has been actively seeking to find additional uses and tenants for the site. Moreover, the Army's plan is now sufficiently concrete that a draft environmental impact statement has already been prepared. It is apparent to the Court on the present record that there is a strong possibility that these governmental units will also be occupying the site at Bay St. Louis together with the Navy.
In such a situation, the National Environmental Policy Act requires the impact statement to consider the cumulative environmental effect that the relatively concurrent federal actions may have at the common site. One of the primary purposes of the Act was to prevent the very type of fragmented and compartmentalized analysis that occurred here. Instead, the statute directs that the agency employ a more integrated and comprehensive approach which takes account of the overall effect of the various projects. See Natural Resources Defense Council v. Callaway, 524 F.2d 79 (2d Cir. 1975); Henry v. Federal Power Commission, D.C., 168 U.S. App. D.C. 137, 513 F.2d 395, 406 (1975); 40 C.F.R. § 1500.6(d) (1975) (CEQ Guidelines). By failing to consider environmental issues against a more realistic and comprehensive background, the Environmental Impact Statement was fatally defective. This defect was created by the failure of NASA, as an immediately involved agency, to reveal its reasonably contemplated plans so that the Navy, in turn, could more fully evaluate the environmental effects of its proposed action. This deficiency in the impact statement must be corrected before the Navy may move.
The Environmental Impact Statement is also inadequate in another respect. The relocation of the Naval Oceanographic Center to Bay St. Louis, Mississippi, raised obvious disturbing questions about the availability of adequate housing and schools for low- and moderate-income groups and racial minorities. There is no dispute that such considerations are of major environmental importance. Not only was this recognized by the Government at oral argument, but the Navy itself has properly considered such matters in its Environmental Impact Statement. See also Hanly v. Mitchell, 460 F.2d 640, 647 (2d Cir. 1972), cert. denied sub nom. Hanly v. Kleindienst, 409 U.S. 990, 93 S. Ct. 313, 34 L. Ed. 2d 256 (1972), subsequent appeal sub nom. Hanly v. Kleindienst, 471 F.2d 823 (2d Cir. 1972), cert. denied, 412 U.S. 908, 93 S. Ct. 2290, 36 L. Ed. 2d 974 (1973), subsequent appeal, 484 F.2d 448 (2d Cir. 1973), cert. denied sub nom. Hanly v. Saxbe, 416 U.S. 936, 94 S. Ct. 1934, 40 L. Ed. 2d 286 (1974); Trinity Episcopal School Corp. v. Romney, 387 F. Supp. 1044, 1078 (S.D.N.Y. 1974). Where, as here, adverse environmental effects are noted, the federal agency, as part of its statutory obligation to evaluate alternatives, must consider possible methods for ameliorating or mitigating the environmental impact at the site chosen. In the instant case, for example, where inadequate housing for minorities and low-income personnel is clearly a problem and this problem will be greatly enhanced by a fuller analysis which includes the Army and NASA plans, one alternative is to implement an affirmative action program directed to the housing problem. Another is to create more housing with federal funds or to obtain more concrete commitments from local officials. The NASA facility at Bay St. Louis is bounded by an undeveloped buffer zone which was once necessary to insulate against the noise emanating from the site. It now appears that this protection is no longer required, and the area therefore may be available for construction of housing that is needed for the increased number of employees. This would not only improve the housing situation, but might also minimize problems relating to commuting, automobile congestion and air pollution. These are, in a general sense, matters that must be examined and appraised before a decision consistent with the requirements of the Act can be made.
Having determined that there is a violation of the National Environmental Policy Act, the Court now confronts fashioning appropriate relief. To correct the situation, an adequate environmental impact statement must be prepared and the Secretary of Defense, in the light of the amended statement necessary here to comply, must objectively and in good faith reconsider the decision to consolidate the Naval Oceanographic Program at Bay St. Louis.
Until this is done, it is clear that no civilian employees, black or white, should be required to relocate to Mississippi against his or her will, and accordingly the Navy must be enjoined forthwith from compelling such personnel moves. The more difficult issue concerns the transfer of equipment and materials to Bay St. Louis and the renovation and construction presently occurring at that site. The Court has not been advised as to the details of these operations, and it is therefore unwilling in the exercise of its equitable discretion to enter an order immediately enjoining these activities irrespective of such considerations as expense and safety. Some flexibility is necessary. However, the Court is aware that additional improvements at Bay St. Louis may, as a practical matter, foreclose meaningful and objective reconsideration by the Navy of its decision to move to Mississippi. To accommodate these divergent considerations, the Court will direct that such activities be terminated at the next suitable and convenient time, but, in any event, no later than January 1, 1976, except as the Court may allow for good cause shown.
Preliminary injunction is granted.