Denis Hanly v. Richard G. Kleindienst, as Attorney Gen. of the United States, 484 F.2d 448 (2d Cir. 1973). · Go Syfert
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Denis Hanly v. Richard G. Kleindienst, as Attorney Gen. of the United States, 484 F.2d 448 (2d Cir. 1973). Cases Citing This Book View Copy Cite
10 citation events across 8 distinct courts.
Strongest positive: Preservation Coalition, Inc. v. Pierce (ca9, 1982-02-12)
Statutes interpreted (leading-cases list)
#1 40 U.S.C. § 533 cited 1× in this case · 1 total citations of statute #19 42 U.S.C. § 4231 cited 1× in this case · 69 total citations of statute
Top citers, strongest first. 3 distinct citers. How cited ↗
discussed Cited "see, e.g." Preservation Coalition, Inc. v. Pierce
9th Cir. · 1982 · signal: see, e.g. · confidence low
See, e.g., Hanly v. Kleindienst, 471 F.2d 823 (2d Cir. 1972), cert. denied, 412 U.S. 908 , 93 S.Ct. 2290 , 36 L.Ed.2d 974 (1973), and later appeal, 484 F.2d 448 (2d Cir. 1973), cert. denied, 416 U.S. 936 , 94 S.Ct. 1934 , 40 L.Ed.2d 286 (1974); Portela v. Pierce, 650 F.2d 210, 213 (9th Cir. 1981) (“environmental clearance”); City and County of San Francisco v. United States, 615 F.2d 498, 500 (9th Cir. 1980); City of Davis v. Coleman, 521 F.2d 661, 674 (9th Cir. 1975) (“negative declaration”).
discussed Cited "see, e.g." Preservation Coalition, Inc. v. Pierce
9th Cir. · 1982 · signal: see, e.g. · confidence low
See, e.g., Hanly v. Kleindienst, 471 F.2d 823 (2d Cir. 1972), cert. denied, 412 U.S. 908 , 93 S.Ct. 2290 , 36 L.Ed.2d 974 (1973), and later appeal, 484 F.2d 448 (2d Cir. 1973), cert. denied, 416 U.S. 936 , 94 S.Ct. 1934 , 40 L.Ed.2d 286 (1974); Portela v. Pierce, 650 F.2d 210, 213 (9th Cir. 1981) ("environmental clearance"); City and County of San Francisco v. United States, 615 F.2d 498, 500 (9th Cir. 1980); City of Davis v. Coleman, 521 F.2d 661, 674 (9th Cir. 1975) ("negative declaration").
cited Cited "see, e.g." Como-Falcon Coalition, Inc. v. United States Department of Labor
D. Minnesota · 1978 · signal: see also · confidence low
See also, Hanly v. Kleindienst, 484 F.2d 448 (2d Cir. 1973), cert. denied, 416 U.S. 936 , 94 S.Ct. 1934 , 40 L.Ed.2d 286 (1974).
Retrieving the full opinion text from the archive…
Denis HANLY, Et Al., Plaintiffs-Appellants,
v.
Richard G. KLEINDIENST, as Attorney General of the United States, Et Al., Defendants-Appellees
1128, Docket 73-1948.
Court of Appeals for the Second Circuit.
Sep 10, 1973.
484 F.2d 448
Alfred S. Julien, New York City (Jesse Alan Epstein, New York City, of counsel), for plaintiffs-appellants., Joseph P. Marro, Asst. U. S. Atty. (Paul J. Curran, U. S. Atty., for the S. D. of New York), for defendants-appel-lees.
Mulligan, Oakes, Per Curiam, Timbers.
Cited by 10 opinions  |  Published
[*449] PER CURIAM:

This is an appeal from a denial of a preliminary injunction which sought to halt the construction of the Metropolitan Correction Center, one of two buildings comprising the Foley Square Courthouse Annex. Except for one point, discussed below, we would affirm the judgment of the lower court solely on the basis of Judge Tenney’s well reasoned opinion. Judge Tenney held, quite properly we think, that the General Services Administration (GSA) did not act arbitrarily or capriciously in determining, by a supplemental report filed April 6, 1973, reaffirming previous findings, that the Annex would not significantly affect the quality of the human environment under the National Environmental Policy Act (NEPA), 42 U.S.C. § 4321, and more specifically § 4332(2) (C), as well as under the decisions of this court in Hanly v. Mitchell, 460 F.2d 640 (2d Cir.), cert, denied, 409 U.S. 990, 93 S.Ct. 313, 34 L.Ed.2d 256 (1972) , and Hanly v. Kleindienst, 471 F.2d 823 (2d Cir. 1972), cert, denied, 412 U.S. 908, 93 S.Ct. 2290, 36 L.Ed.2d 974 (1973) .

One point, however, was raised on appeal which was not before the lower court. This involves two identical letters [1] sent by GSA, one to Mayor Lindsay and the other to Governor Rockefeller. Appellants claim that the letters constitute an admission by GSA of the significant effect the Annex would have on the environment, thus requiring an impact statement under NEPA. We do not find the letters to be such.

The terms of the last sentences of the letters do not constitute any admission that GSA had found there would be significant impact on the community; rather they refer to “any project which may have a substantial impact on the community.” (Emphasis supplied.) Nor do we believe that these sentences, which appear to be matters of form unrelated to the specifics of the case, were intended to evidence that the GSA Regional Administrator, under whose name they went out, had reached any conclusion on the question whether the Annex would significantly affect the environment.

Consultation and coordination between federal and local officials involving the acquisition of land and construction of a building in an urban environment, especially concerning plans for water supply, sewage disposal, solid waste disposal, etc., should be done as a matter of common sense; it is also required by law. See 40 U.S.C. § 533. And there is no limitation that this be done only when such projects significantly affect the community or its environment.

Deciding as we do that these letters are not admissions by GSA of any significant impact on the community, we need not reach the question whether an action “having a significant impact on community development” under § 401(a) of the Intergovernmental Cooperation Act of 1968, 42 U.S.C. § 4231(a), constitutes an action “significantly affecting the quality of the human environment” under NEPA, thereby requiring an impact statement.

Judgment affirmed.

1

. The letters begin with an identification of the parcel of land involved, continue with descriptions and data relative to the buildings in the Annex, including plans for utility services, and finish with the following sentences :

The Intergovernmental Cooperation Act of 1968, and administrative directives of the President, direct that there be consultation with the appropriate officials in the planning of any federal project which may have a substantial impact on the community.
Therefore, we would appreciate your cooperation and comments in this endeavor.