Case Law Details

Stryker’s Bay Neighborhood Council v. Karlen

Project Description:

New York City and the Department of Housing and Urban Development (HUD) developed a plan for creation of an urban renew project covering twenty square blocks on the west side of New York City. The plan would allow a mix of middle-income and low-income housing, including a high-rise building containing 160 apartments for low-income tenants. HUD approved the plan in December, 1972.

Case Number:
444 U.S. 223
Court:
444 U.S. 223
State:
U.S. Supreme Court
Case Date:
01/07/1980
Project Name:
West Side Urban Renewal Area
Project Type:
Other

Case Summary

Plaintiffs challenged the approval in federal district court, claiming that HUD violated NEPA in approving the plan. The district court rejected the claim, but the court of appeals reversed, finding that HUD failed to include an adequate range of alternatives. The court of appeals instructed HUD to prepare a study that explained how “within the framework of the Plan its objective of economic integration can best be achieved with a minimum of adverse environmental impact. HUD prepared a study, entitled “Special Environmental Clearance” in 1977. The study evaluated nine additional alternative locations for the project, and determined that none of the new alternatives were suitable. HUD found that some of the alternatives were not suitable based on the likely two-year delay in implementing the project that would result from selecting the alternatives. The court of appeals again rejected the plan, finding that HUD could not reject an alternative based on delay in implementation. The court of appeals held that delay in implementation could not be “an overriding factor” in rejecting an alternative. The court stated that “environmental factors, such as crowding low-income housing into a concentrated area, should be given determinative weight.” HUD requested Supreme Court review of the decision.

Key Holdings

NEPA

Procedural Nature of NEPA. The Supreme Court reversed the decision of the court of appeal, holding that “once an agency has made a decision subject to NEPA’s procedural requirements, the only role for a court is to insure that the agency has considered the environmental consequences; it cannot interject itself within the area of discretion of the executive as to the choice of the action to be taken.”

File Attachment

Download the decision

Send CLUE Comments

Respond to a case law update.