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SAVE OUR TEN ACRES v. KREGER

No. 72-2165.

472 F.2d 463 (1973)

SAVE OUR TEN ACRES et al., Plaintiffs-Appellants, v. Rod KREGER, Acting Administrator, General Services Administration, et al., Defendants-Appellees.

United States Court of Appeals, Fifth Circuit.

January 16, 1973.

Attorney(s) appearing for the Case

Alexander Boskoff, Washington, D. C., Michael J. Salmon, Mobile, Ala., for plaintiffs-appellants.

William M. Cohen, Larry G. Gutterridge, Dept. of Justice, Washington, D. C., Robert A. Prince, Springfield, Va., Irwin Coleman, Jr., Asst. U. S. Atty., C. S. White-Spunner, Jr., U. S. Atty., Mobile, Ala., Kent Frizzell, Asst. Atty. Gen., Jacques B. Gelin, John D. Helm, Attys., Dept. of Justice, Washington, D. C., for defendants-appellees.

Before MORGAN, CLARK and INGRAHAM, Circuit Judges.

CLARK, Circuit Judge:

What is the proper standard for judicial review of an agency's threshold determination not to file an environmental impact statement under the National Environmental Policy Act of 1969 (NEPA)?1

This is an action to enjoin the construction of a federal office building on a downtown site in Mobile, Alabama, brought by an organization known as Save Our Ten Acres (alphabetically shorthanded: "SOTA"). SOTA...

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