Strycker's Bay
Neighborhood Council, Inc. v. Karlen case brief
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444 U.S. 223 (1980)
CASE SYNOPSIS:
Petitioners, United States Department of Housing and Urban
Development (HUD) and neighborhood council, filed a petition for writ
of certiorari after the United States Court of Appeals for the Second
Circuit rejected its environmental impact statement of a proposed low
income housing site.
FACTS: The court of appeals remanded HUD's environmental impact statement on a proposed low-income housing site back to the district court. The court of appeals found that HUD had given consideration to alternatives but found that environmental factors should have been given determinative weight. The court of appeals had instructed HUD to attack the shortage of low income housing in a manner that avoided the concentration of housing on the proposed site. The court granted certiorari and held that once HUD had made a decision subject to the procedural requirements of the National Environmental Policy Act of 1969, 42 U.S.C.S. 421 et seq., the only role for the court of appeals was to insure that the environmental consequences had been considered. The court found that there was no doubt that HUD had considered the environmental consequences of its decision. The court of appeals had acted improperly, therefore the court reversed its judgment.
CONCLUSION: The court granted certiorari and reversed the judgment from the court of appeals that rejected HUD's environmental impact statement of a proposed low income housing site.
FACTS: The court of appeals remanded HUD's environmental impact statement on a proposed low-income housing site back to the district court. The court of appeals found that HUD had given consideration to alternatives but found that environmental factors should have been given determinative weight. The court of appeals had instructed HUD to attack the shortage of low income housing in a manner that avoided the concentration of housing on the proposed site. The court granted certiorari and held that once HUD had made a decision subject to the procedural requirements of the National Environmental Policy Act of 1969, 42 U.S.C.S. 421 et seq., the only role for the court of appeals was to insure that the environmental consequences had been considered. The court found that there was no doubt that HUD had considered the environmental consequences of its decision. The court of appeals had acted improperly, therefore the court reversed its judgment.
CONCLUSION: The court granted certiorari and reversed the judgment from the court of appeals that rejected HUD's environmental impact statement of a proposed low income housing site.
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Interested in learning how to get the top grades in your law school classes? Want to learn how to study smarter than your competition? Interested in transferring to a high ranked school?
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