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GRAZING FIELDS FARM v. GOLDSCHMIDT

No. 80-1076.

626 F.2d 1068 (1980)

GRAZING FIELDS FARM et al., Plaintiffs, Appellants, v. Neil GOLDSCHMIDT et al., Defendants, Appellees.

United States Court of Appeals, First Circuit.

Decided June 25, 1980.

Attorney(s) appearing for the Case

Gregor I. McGregor, Boston, Mass., for plaintiffs, appellants.

Marianne B. Bowler, Asst. U. S. Atty., Boston, Mass., with whom Edward F. Harrington, U. S. Atty., Boston, Mass., was on brief, for Federal defendant, appellee.

William A. Brown, Sp. Asst. Atty. Gen., Boston, Mass., for State defendants, appellees.

Douglas I. Foy, Boston, Mass., and Frederick Small, Cambridge, Mass., on brief for Conservation Law Foundation of New England, Inc., amicus curiae.

Michael P. Last, Susan M. Cooke, and Harlan M. Doliner, Boston, Mass., on brief, for Environmental Committee of The Boston Bar Association, amicus curiae.

Before COFFIN, Chief Judge, ALDRICH and BOWNES, Circuit Judges.

COFFIN, Chief Judge.

This appeal raises an elementary but important question about the requirement contained in the National Environmental Policy Act (NEPA), 42 U.S.C. § 4332 (2)(C)(iii), that a federal agency must prepare a detailed statement discussing alternatives to proposed agency action. The question is whether pertinent information found in the administrative record, but not incorporated in an environmental impact statement (EIS), may satisfy this statutory...

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