COMO-FALCON COMMUNITY, ETC. v. U. S. DEPT. OF LABOR

No. 79-1165.

609 F.2d 342 (1979)

COMO-FALCON COMMUNITY COALITION, INC., Appellant, v. UNITED STATES DEPARTMENT OF LABOR; Raymond Marshall, United States Secretary of Labor; Richard C. Gilliland, Regional Administrator, United States Department of Labor; Rudy Perpich, Governor of the State of Minnesota, Appellees.

United States Court of Appeals, Eighth Circuit.

Decided November 19, 1979.


Attorney(s) appearing for the Case

Ronald J. Riach, Franke, Riach & Franke, St. Paul, Minn., for appellant.

Carl Strass, Atty., App. Section, Land & Natural Resources Div., Dept. of Justice, Washington, D. C., for appellees.

Warren R. Spannaus, Atty. Gen., Richard B. Allyn, Sol. Gen., William P. Marshall, Sp. Asst. Atty. Gen., St. Paul, Minn., on brief, for appellee, Governor of the State of Minnesota.

Sanford Sagalkin, Acting Asst. Atty. Gen., Andrew W. Danielson, U. S. Atty., Francis X. Hermann, Asst. U. S. Atty., Minneapolis, Minn., and Jacques B. Gelin and Carl Strass, Attys., Dept. of Justice, Washington, D. C., and Howard L. Robinson, Atty., U. S. Dept. of Labor, Washington, D. C., on brief, for appellee, Federal.

Before LAY, ROSS and HENLEY, Circuit Judges.


LAY, Circuit Judge.

The fundamental issue presented is whether the district court, The Hon. Harry H. MacLaughlin, presiding, erred in holding that the establishment of a Job Corps center by the United States Department of Labor on the former campus of Bethel College in St. Paul, Minnesota did not require the filing of an environmental impact statement (EIS) under the National Environmental Policy Act of 1969, 42 U.S.C.A. §§ 4321-4369 (1979) (NEPA).

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