Walter Roe Mansfield

“ The necessity for a hearing will depend greatly upon the circumstances surrounding the particular proposed action and upon the likelihood that a hearing will be more effective than other methods in developing relevant information and an understanding of the proposed action. The precise procedural steps to be adopted are better left to the agency, which should be in a better position than the court to determine whether solution of the problems faced with respect to a specific major federal action can better be achieved through a hearing or by informal acceptance of relevant data. ”

“ Where conduct conforms to existing uses, its adverse consequences will usually be less significant than when it represents a radical change. Absent some showing that an entire neighborhood is in the process of redevelopment, its existing environment, though frequently below an ideal standard, represents a norm that cannot be ignored. ”

“ One more factory polluting air and water in an area zoned for industrial use may represent the straw that breaks the back of the environmental camel. Hence the absolute, as well as comparative, effects of a major federal action must be considered. ”

“ In the absence of such standards we cannot agree that construction of a proposed office building of the type forming part of the Annex would be “obviously insignificant” and hence would not require an impact statement. An office building or, indeed, a jail, may have an adverse impact in an area where such use does not exist and is not permitted by zoning laws (e. g., Park Avenue and 72nd Sreet) whereas the contrary would hold in a location where such uses do exist and are authorized by such laws (e. g., the location of the MCC) . ”

“ Where a proposed major federal action may affect the sensibilities of a neighborhood, the prudent course would be for the agency in charge, before making a threshold decision, to give notice to the community of the contemplated action and to accept all pertinent information proffered by concerned citizens with respect to it. ”

“ While we do not question the Government's good faith, a finding in the matter by GSA is essential, since the Assessment is ambiguous as to the scope of the non-resident out-patient observation program and makes no finding on the subject of whether the MCC will increase the risk of crime in the community. ”

“ Experience in local zoning disputes demonstrates that it is the rare case where some neighbors do not oppose a project, no matter how beneficial, and that their opposition is usually accompanied by threats of litigation.↑ Unlike factors such as noise, which can be related to decibels and units which measure duration, or crime, in which crime statistics are available, psychological factors are not readily translatable into concrete measuring rods.↑ See Rhem v. ”

“ The windows of the MCC are designed to minimize any noise from within the premises, in addition to which detainees will be under constant supervision when outside on the roof-top for recreational purposes. During the past five years there have been only two small inside disturbances at the present detention facility at West Street, Manhattan, and three outside disturbances, the latter confined to non-violent picketing, marching and the like, incidents which have been common occurrence in the Foley Square area during the same period. ”

“ Judged by the comparative uses in the area and according to its quantitative environmental effects, the MCC should not have a significant effect upon the human environment.
Appellants offer little or no evidence to contradict the detailed facts found by the GSA. For the most part their opposition is based upon a psychological distaste for having a jail located so close to residential apartments, which is understandable enough. ”

“ It is clearly within the special competence of the Commission to appraise the adverse effect on competition that might result from postponing a particular order prohibiting continued violations of the law. ”

“ Most of the employees occupying the building would merely be transferred from the existing Court-house where the newly created space will be used primarily for courtrooms and desperately needed office space for court personnel. On the other hand, the proposed jail, for reasons set forth in detail in Hanly I, might have adverse effects differing both qualitatively and quantitatively from those associated with existing uses in the area. ”

“ Kleindienst, 409 U.S. 990, 93 S.Ct. 313, 34 L.Ed.2d 256 (1972) (herein “ Hanly I”) , satisfies the requirements of NEPA and thus renders it unnecessary for GSA to follow the procedure prescribed by § 102 (2) (C) of NEPA, 42 U.S.C. § 4332 (2) (C) , which requires a formal, detailed environmental impact statement. In view of the failure of the GSA, upon redetermination, to make findings with respect to certain relevant factors and to furnish an opportunity to appellants to submit relevant evidence, the case is again remanded. ”

“ It is doubtful whether psychological and sociological effects upon neighbors constitute the type of factors that may be considered in making such a determination since they do not lend themselves to measurement. ”

“ GSA, of which appellant Robert L. Kunzig was the Administrator, is engaged in the construction of an Annex to the United States Courthouse, Foley Square, Manhattan, located on a site to the east of the Courthouse and immediately to the south of Chinatown and the aforementioned two cooperative apartments. The Annex will consist of two buildings, each approximately 12 stories high, which will have a total of 345,601 gross square feet of space (214,264 net) . ”

“ In addition to limited parking during the day on certain nearby streets, there are at least six garages or lots available for parking in the area, also identified by location and capacity. There will be only four truck deliveries of supplies per day to the premises. ”