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Hanly v. Kleindienst, 471 F.2d 823, 4 ERC 1785, 2 Envtl. L. Rep. 20,717

Facts

The appellants, residents and business owners in lower Manhattan, sought to prevent the construction of the MCC, arguing that the GSA did not comply with NEPA's requirement for a detailed environmental impact statement. The MCC is intended to replace an overcrowded facility and will serve as a detention center for individuals awaiting trial or convicted of short-term federal offenses. The GSA had previously determined that the MCC would not significantly affect the environment, but this determination was challenged due to concerns about noise, crime, and other environmental impacts.

Appellants are members of groups residing or having their businesses in an area of lower Manhattan called “The Manhattan Civic Center” which comprises not only various court-houses, government buildings and businesses, but also residential housing, including cooperative apartments in two buildings close to the MCC and various similar apartments and tenements in nearby Chinatown.

Issue

Did the General Services Administration's determination that the Metropolitan Correction Center would not significantly affect the quality of the human environment comply with the requirements of the National Environmental Policy Act?

Did the General Services Administration's determination that the Metropolitan Correction Center was not a facility “significantly affecting the quality of the human environment,” made pursuant to this Court's decision remanding the case after the earlier appeal, satisfy the requirements of NEPA?

Rule

Under NEPA, a detailed environmental impact statement is required for major federal actions that significantly affect the quality of the human environment, and agencies must consider both the absolute and comparative environmental effects of their actions.

The Act must be construed to include protection of the quality of life for city residents. Noise, traffic, overburdened mass transportation systems, crime, congestion and even availability of drugs all affect the urban ‘environment’ and are surely results of the ‘profound influences of . . . high-density urbanization [and] industrial expansion.”’

Analysis

The court found that the GSA's assessment of the MCC was insufficient as it did not adequately address the potential for increased crime and other environmental impacts. The court emphasized that the agency must develop a reviewable environmental record and consider relevant factors that could affect the surrounding community. The GSA's failure to make findings on these issues warranted a remand for further investigation.

In the absence of such standards we cannot agree that construction of a proposed office building of the type forming part of the Annex would be “obviously insignificant” and hence would not require an impact statement.

Conclusion

The court remanded the case for the GSA to conduct a more thorough environmental review, particularly regarding the potential increase in crime associated with the MCC's operation.

The Assessment closely parallels in form a detailed impact statement.

Who won?

The appellants prevailed in part as the court found that the GSA's environmental assessment was inadequate and required further investigation.

The court remanded the case for the GSA to conduct a more thorough environmental review, particularly regarding the potential increase in crime associated with the MCC's operation.

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