Randolph Civic Ass'n v. Washington Metropolitan Area Transit Authority

469 F. Supp. 968, 13 ERC 1042, 9 Envtl. L. Rep. (Envtl. Law Inst.) 20559, 13 ERC (BNA) 1042, 1979 U.S. Dist. LEXIS 12791
CourtDistrict Court, District of Columbia
DecidedApril 25, 1979
DocketCiv. A. No. 78-1621
StatusPublished
Cited by3 cases

This text of 469 F. Supp. 968 (Randolph Civic Ass'n v. Washington Metropolitan Area Transit Authority) is published on Counsel Stack Legal Research, covering District Court, District of Columbia primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Randolph Civic Ass'n v. Washington Metropolitan Area Transit Authority, 469 F. Supp. 968, 13 ERC 1042, 9 Envtl. L. Rep. (Envtl. Law Inst.) 20559, 13 ERC (BNA) 1042, 1979 U.S. Dist. LEXIS 12791 (D.D.C. 1979).

Opinion

OPINION

JOHN LEWIS SMITH, Jr., District Judge.

This action is one for injunctive and declaratory relief against alleged noncompliance with the environmental statement (EIS) requirements of § 102(c) of the National Environmental Protection Act (NEPA), 42 U.S.C. § 4332 (1977). Plaintiff is seeking a preliminary injunction to halt the construction of a proposed Metrobus Garage and Maintenance Facility for 250 buses in Montgomery County, Maryland. Funds for land acquisition, engineering and design of this facility are being provided in part by a grant from the Urban Mass Transportation Administration (UMTA) of the U.S. Department of Transportation pursuant to 49 U.S.C. §§ 1601, et seq. The matter is before the Court on: (1) plaintiffs’ motion for a preliminary injunction; (2) plaintiffs’ motion to strike; and (3) defendants’ motion to dismiss or for summary judgment.

A 1974 study (Memo 9) commissioned by the Washington Metropolitan Area Transit Authority (WMATA) recommended the construction of five to six new bus garages, with one to be located in Montgomery County within the vicinity of Rockville Pike, Old Georgetown Road and I-70S (now 1-270). This study also established locational criteria to be used for evaluating possible sites for the proposed garages.

The selection process for the Montgomery County site began in early 1974 when WMATA, Maryland National Capital Park and Planning Commission and Montgomery County Department of Transportation formed a joint committee entitled “Bus Garage and Storage Facility Locating Committee” which considered a list of 106 sites. Utilizing the criteria developed in the Memo 9 study, the list was narrowed first to nine alternatives, of which four were eliminated after a field survey. On December 19, 1974, the WMATA Board of Directors adopted the recommendation of a commissioned study by the Architectural Planning Research Associates that three of the five sites be studied further.

The results of this subsequent research contained a detailed operational and environmental analysis of these three sites as well as various alternatives to the proposed project: (1) the No Action Alternative which would simply maintain existing garage facilities; (2) the No New Garage alternative which would result in expansion of existing garage facilities; (3) the No Build Alternative which would expand the garage system without building the facility at issue and (4) a New Location Facility which considered alternative sites not previously evaluated.

A public hearing on the project, attended by plaintiffs, was held on March 30, 1976, and written comments were accepted for ten days thereafter. Subsequent to the hearing, the Montgomery County Council followed its staff’s recommendation and, on July 13, 1975, adopted the Dodge Modified site. The WMATA Board approved this location on July 29, 1976.

Pursuant to its grant application to UMTA in June 1977, WMATA circulated a draft EIS to appropriate agencies, which had 75 days to file comments. A final EIS, circulated on January 11, 1978, received no agency referrals to the Council on Environmental Quality during the 30 days review period. On June 12, 1978, it was determined that the project complied with NEPA and the UMT Act, and the federal defendant approved initial funds for the project in the amount of $4,175,200.

Plaintiffs have alleged that they reside or represent people who reside in the geographic area upon which the proposed project will have adverse impacts of noise and air pollution, increased traffic hazards [970]*970and congestion, possible flooding from water runoffs and economic consequences of wasted fuel and inefficient bus operation. The relief requested would have the result of insuring that the defendant agencies satisfied the requirements of NEPA by taking a hard look at the environmental consequences of their substantive decision. Concerned About Trident v. Rumsfeld, 180 U.S.App.D.C. 345, 352, 555 F.2d 817, 824 (1977). As such, plaintiffs have satisfied the standing requirements recently articulated in Duke Power Co. v. Carolina Environmental Study Group, 438 U.S. 59, 71-82, 98 S.Ct. 2620, 2629-2635, 57 L.Ed.2d 595, 610-616 (1978), by demonstrating a concrete and particularized injury in fact within the zone of interests protected by NEPA. This injury has a substantial likelihood of redress if the requested relief is granted.

Section 4 of the Act of November 6,1966, 80 Stat. 1324, 1353 generally gives this court jurisdiction over actions by and against WMATA. Further, it is well established that non-federal parties may be enjoined pending completion of an EIS, where those non-federal entities have entered into a partnership or joint venture with the federal government as recipients of federal funding. Biderman v. Morton, 497 F.2d 1141, 1147 (2d Cir. 1974); Dalsis v. Hills, 424 F.Supp. 748 (W.D.N.Y.1976). Consequently, the Court has jurisdiction over both defendants in this suit.

Defendants raise the doctrine of laches as a defense to this action. However, no final administrative action reviewable by this Court occurred until June 12, 1978, when the final EIS was filed. Plaintiff commenced this action only two months later, long before irrevocable action on the project has been undertaken. See, Committee to Stop Route 7 v. Volpe, 346 F.Supp. 731 (D.Conn.1972); Concerned About Trident v. Schlesinger, D.C., 400 F.Supp. 454, 478-9 (1975), rev’d in part on other grounds, 180 U.S.App.D.C. 345, 555 F.2d 817 (1977). Moreover, defendants admit plaintiffs have taken part in the proceedings by testimony and written comments. Clearly, the doctrine of laches does not apply: Plaintiffs have not knowingly slept on their rights, thereby prejudicing defendants. See, Concerned About Trident v. Schlesinger, supra at 480.

Plaintiffs have moved to strike all non-final EIS documents. Although the final EIS must contain a complete statement of the material contemplated in NEPA, it is clearly permissible for the statement to incorporate by reference previous studies and supporting documents so long as that material, as it is here, is available and accessible to the public and reviewing agencies. Sierra Club v. Adams, 188 U.S.App.D.C. 147, 152, 578 F.2d 389, 394 (1972); Trout Unlimited v. Morton, 509 F.2d 1276, 1284 (9th Cir. 1974); Philadelphia Council of Neighborhood Organizations v. Coleman, 437 F.Supp. 1341, 1366 (E.D.Pa.1977) aff’d 578 F.2d 1375 (3d Cir. 1978). See, also, Natural Resources Defense Council v. Morton, 148 U.S.App. D.C. 5, 15-16, 458 F.2d 827

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469 F. Supp. 968, 13 ERC 1042, 9 Envtl. L. Rep. (Envtl. Law Inst.) 20559, 13 ERC (BNA) 1042, 1979 U.S. Dist. LEXIS 12791, Counsel Stack Legal Research, https://law.counselstack.com/opinion/randolph-civic-assn-v-washington-metropolitan-area-transit-authority-dcd-1979.