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N. A. A. C. P. v. MEDICAL CTR., INC.

No. 77-2369.

584 F.2d 619 (1978)

NATIONAL ASSOCIATION FOR the ADVANCEMENT OF COLORED PEOPLE, Puerto Rican Civil Rights League, Inc., Older Americans Coalition, Wilmington United Neighborhoods, Brandywine Trinity United Methodist Church, on behalf of their members and others similarly situated, and Sarah Bratcher, Raymond W. Brown, Maria Galindez, for herself and as parent and guardian for his minor children Reynaldo Galindez, and Pedro Galindez, Milagro Quinones, Maria Miran, on behalf of themselves and others similarly situated, Appellants, v. The MEDICAL CENTER, INC., David Mathews, U. S. Secretary of Health, Education, and Welfare, Amos Burke, Director of the Bureau of Comprehensive Health Planning and William C. Gordon, Director of the Health Planning Council, Inc.

United States Court of Appeals, Third Circuit.

Decided August 18, 1978.

Attorney(s) appearing for the Case

Marilyn G. Rose, Christine B. Hickman, Center for Law and Social Policy, Washington, D. C., Louise Lander, New York City, Douglas A. Shachtman, Community Legal Aid, Wilmington, Del., Charles H. Toliver, IV, Alan Bernard Scher, Asst. City Sols., Wilmington, Del., for appellants.

Barbara Allen Babcock, Asst. Atty. Gen., William Kanter, Barbara B. O'Malley, Attys., Dept. of Justice, Civ. Div., Litigation Section, Washington, D. C., for appellee.

Rebecca L. Ross, Atty., Dept. of Justice, Civ. Div., Litigation Section, Washington, D. C., for appellee and Amos Burke.

William M. Reinhart, U. S. Dept. of H.E.W., Washington, D. C., Edward F. Kafader, Wilmington, Del., for Amos Burke.

Rodney M. Layton, Richards, Layton & Finger, Wilmington, Del., for The Wilmington Medical Center.

Robert E. Kopp, Steven I. Frank, Washington, D. C., for Secretary, H.E.W.

Patrick A. Parenteau, National Wildlife Federation, Washington, D. C., for amicus curiae.

Before ROSENN, HUNTER and HIGGINBOTHAM, Circuit Judges.

OPINION OF THE COURT

ROSENN, Circuit Judge.

In response to the penetrating impact of man's activity on all elements of the natural environment, Congress declared it to be the continuing policy of the United States "to create and maintain conditions under which man and nature can exist in productive harmony." National Environmental Policy Act of 1969 ("NEPA" or "the Act") § 101(a), 42 U.S.C. § 4331(a) (1970). To implement this policy, Congress adopted...

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