Full opinion text
FINDINGS AND OPINION ELMO B. HUNTER, District Judge. On November 22, 1974, the United States Air Force (USAF) announced a decision to accomplish a troop and civilian deployment transferring various units to Scott Air Force Base, Illinois (Scott). Included in this decision were the transfer of the Headquarters, Air Force Communications Service (AFCS) from Richards-Gebaur Air Force Base, Missouri (RGAFB) to Scott so that the AFCS could be realigned as a technical service under the Military Airlift Command (MAC), whose headquarters are located at Scott; the transfer to Scott of a squadron of C-130 aircraft presently deployed at Langley Air Force Base, Virginia (Langley); the transfer to Scott of the Environmental Technical Application Center (ETAC); and the transfer to Scott of a functional unit of the Defense Communications Agency, Western Hemisphere (DCA). As a result of these decisions, the USAF will transfer and relocate to Scott approximately 2,992 job positions, which, counting dependents, will result in the move to Scott and its surrounding area of approximately 10,000 persons. The majority of the individuals contemplated to be moved by the USAF are presently located at RGAFB, and attached to Headquarters, AFCS. The complaint of plaintiffs Robert McDowell, Karyn McDowell, and Local 2127, American Federation of Government Employees (AFL-CIO) (Union) was filed on April 3, 1975. Jackson County, Missouri (County), within whose boundaries RGAFB is located, moved to intervene as a party plaintiff on April 10, 1975. That motion was sustained_on_ May 12, 1975, the defendants filing no objection to the motion. In substance, the complaints assert that the defendants failed to comply with the requirements of the National Environmental Policy Act of 1969, 42 U.S.C. § 4321 et seq. (1970) (NEPA), and the regulations of the Department of Defense (DOD) and the USAF promulgated pursuant thereto, in the decision making process that ultimately resulted in the decision to effect the above-stated realignments, transfers, asd relocations. Plaintiffs request a judgment declaring that the defendants have failed to comply with NEPA, and preliminary and permanent injunctive relief prohibiting the USAF from proceeding with these transfers and realignments until such time as they do comply with NEPA. The ultimate relief requested is a declaration by this Court that the planned re-locations and transfers constitute a major federal action significantly affecting the quality of the human environment, and the issuance of an injunction prohibiting the defendants from effecting these transfers and relocations unless and until an environmental impact statement is filed in compliance with the requirements of § 102(2) (C) of NEPA, 42 U.S.C. § 4332(C). Defendants’ answers to the complaint in essence deny that the provisions of NEPA, or of the Department of Defense (DOD) or USAF regulations thereunder were violated, and deny that these moves constitute a major federal action significantly affecting the quality of the human environment. In addition, both in their answers and by separate motions, defendants question, inter alia, the subject matter jurisdiction of this Court, the existence of a ease or controversy in the constitutional sense, and the standing of all plaintiffs, including the County, to bring this action. By agreement of all counsel and the Court, due to the exigencies of the situation and the necessity of quickly resolving this litigation, discovery and all other pretrial matters were expedited, and disposition of all pretrial motions was postponed until the trial of this cause upon the merits of the issues presented. Trial commenced on Thursday, May 22, 1975, and concluded on Wednesday, June 4, 1975, after the presentation of extensive testimony and documentary evidence. This Court thereafter sustained the motion of all plaintiffs to amend their pleadings to conform to the evidence adduced at the trial. On June 5, 1975, this Court announced its decision that the defendants had failed to comply with the requirements of NEPA, and that the planned relocations and transfers constituted a major federal action significantly affecting the quality of the human environment. A preliminary injunction was issued on that date prohibiting the defendants from effecting the planned relocations, transfers, and realignments until such time as they comply with NEPA, and until such time as they prepare and file an environmental impact statement and otherwise comply with § 102(2) (C) of NEPA. The preliminary injunction will expire on the filing of this memorandum opinion, and the filing of the final injunctive order. The Parties Plaintiffs Robert McDowell and Karyn McDowell are husband and wife, and are both civilian employees of the USAF at RGAFB, which is located in the southern portion of the greater Kansas City, Missouri metropolitan area. As a result of the proposed move of the Headquarters, AFCS to Scott from RGAFB, these plaintiffs are faced with the termination of their present employment at RGAFB and the resulting choice of accepting similar positions at Scott or remaining in the Kansas City, Missouri area and searching for new employment. Plaintiff Local 2127 American Federation of Government Employees (AFL-CIO) (Union) is the recognized bargaining agent for some of the civil service employees at RGAFB, and asserts that some of its members will be affected by the proposed relocation of Headquarters, AFCS by either being required to move to the Scott area, or by having their job positions terminated. Intervenor-plaintiff Jackson County, Missouri, a political subdivision of the State of Missouri within which RGAFB is located, contends inter alia that it will suffer a loss of population and tax revenue by the proposed relocations. Defendants are the Secretary of Defense of the United States, the Secretary of the Air Force, the Air Force Chief of Staff, the DOD and the USAF. The DOD and USAF are agencies of the United States within the meaning of both NEPA and the Administrative Procedure Act, 5 U.S.C. § 701 et seq. (APA). As a group the defendants are charged by law with the accomplishment of certain functions of the Department of Defense and the Department of the Air Force, including mission changes, and troop and personnel deployments such as are in issue in this proceeding. Background of the Controversy Scott Air Force Base is located in central St. Clair County, Illinois, approximately seven miles from the city of Belleville, Illinois, and approximately twenty-five miles east of the City of St. Louis, Missouri. Although the area surrounding Scott is primarily agricultural, a number of small municipalities lie within thirty miles of the base. Prior to July 1, 1970, the Headquarters, Air Force Communications Service was located at Scott. The AFCS is presently and was at that time a separate major command of the USAF. Its mission is to engineer, provide for and program for, install, operate, maintain, and manage the communications-electronics, meterological, and air traffic control facilities of the USAF; and to provide functional services with regard to NAVAID’s (except airfield lighting), air traffic control, and flight inspection. In these capacities, the AFCS serves the USAF and other agencies as directed by the Chief of Staff of the USAF. While Headquarters, AFCS was at Scott, the total job authorizations at that base, including all military and civilian positions attached to any unit there located, was some 9,400 positions. On July 1, 1970, the AFCS was combined by the USAF with the Ground Electronics Engineering Installation Agency (GEEIA), which was then located at Griffiss Air Force Base, New York (Griffiss). The combined headquarters operation of AFCS and GEEIA was on that date transferred from Griffiss and Scott to Richards-Gebaur Air Force Base, Missouri. RGAFB is located in the extreme southern portion of the greater Kansas City, Missouri metropolitan area, approximately eighteen miles south of downtown Kansas City, Missouri, and approximately five miles east of the Kansas State line. Approximately one half of the base lies in extreme southwestern Jackson County, Missouri, with the other half lying in extreme northwestern Cass County, Missouri. Immediately surrounding the base in Jackson County is the city of Kansas City, Missouri, and within one mile is located the city of Grandview, Missouri. In Cass County, RGAFB is bounded by an unincorporated area on the west and by the City of. Belton, Missouri on the east and south. Downtown Grandview and downtown Belton are both located within three miles of the base. Lester W. Reed, Jr., is a Lieutenant Colonel (LTC) in the USAF who is and at all times relevant to this proceeding was assigned to Headquarters, United States. Air Force, in the Pentagon, Washington, D.C. (hereinafter, the Air Staff) as a special assistant to the Division Chief and Director of Programs, Bases and Unit Division, under the Deputy Chief of Staff for Programs and Resources. In this- capacity he acts as a focal point for the formulation of recommendations on base and unit utilizations, including specifically base closures and unit realignments. With regard to the transfer of the four units in question (Headquarters AFCS, ETAC, DCA, and the squadron of C-130 aircraft) to Scott, he was the officer responsible for the coordination of studies and recommendations concerning these realignments and moves, and was the individual who made the decision that these moves and realignments did not constitute a major federal action significantly affecting the quality of the human environment, and that therefore an environmental impact statement was not required. In general, in July and August of each year various proposals for changes in base utilizations and unit functions and locations begin to take shape within the Air Staff. As soon as any proposal is particularized to the point that a study on that proposal becomes feasible, LTC Reed begins to consider that proposal. To accomplish this task, an ad-hoc task force is created within the Air Staff at the Pentagon at which various divisions of the Air Staff are represented, i. e., manpower, budget, civil engineering, facilities, and environmental protection, etc. It is the function of this ad-hoc task force to evaluate the various proposals and options under consideration, including evaluating the environmental effects of any proposal. At a later date, if it appears that an option or proposal may be implemented, a formal process is begun to determine whether an environmental impact statement is required by § 102(2) (C) of NEPA, under specific DOD and USAF regulations. Generally, the process by which various proposals and options are studied and evaluated by the ad-hoc task force is placed in a “close-hold” status. Such a designation means that no one outside of the Air Staff task force considering the proposal and their superiors are advised that a transfer or realignment is under consideration. The public is not informed of the proposals under consideration, and normally not even the USAF base and unit commanders of the bases and units involved are .made aware of the proposals being considered. The purpose of the “close-hold” procedure is to prevent unwarranted concern and speculation on the part of the public and USAF personnel with regard to proposals under study, as most of the proposals are never implemented; to prevent land speculation in the areas that would be affected by any proposed action; and to limit or eliminate public pressure in the course of the decision making process. Sometime in August of 1974, LTC Reed was first advised that changes were being considered with regard to the Headquarters, AFCS, then based at RGAFB. In late September, he presented various broad options in this regard to General Jones, the Chief of Staff, and was instructed to further explore these options. On October 18, 1974, LTC Reed presented his first formal option to General Jones. This option consisted of: (1) closing RGAFB totally; (2) relocating sixteen Air Force Reserve C-130 aircraft to Whiteman Air Force Base, Missouri (Whiteman); (3) relocating the AFCS Flight Checking Squadron to Scott or Keesler Air Force Base, Mississippi (Keesler); and (4) relocating Headquarters, AFCS, to either Scott or Keesler. This option estimated the ultimate dollar savings to the USAF at 21 million annually, with a savings of 10.5 million estimated for fiscal year 1976. At this time, the only comment made regarding impact on the communities involved was that the Kansas City area had an employment base of some 550,000 persons, and that the base closure would not increase the area-wide unemployment more than one percent. It was also noted that there was good potential for the use of RGAFB as a civilian airport. General Jones responded by requesting that the option of moving Headquarters, AFCS to another base but retaining RGAFB as'an operational base be evaluated, and directing that the realignment of AFCS as a technical service under the Military Airlift Command (MAC) at Scott be considered, as both services are world-wide in operation and scope of activity. About this time, LTC Reed assembled the ad-hoc task force to work on the proposals involving the realignments and transfers from RGAFB to other installations. This task force was at the same time studying and evaluating numerous other realignments and transfers that had been proposed. Lieutenant Colonel Johan Bayer, a bio-environmental engineer attached to the office of the Director of Civil Engineering within the Air Staff, was the member of this task force assigned to evaluate and consider the environmental impacts, if any, of the proposed realignments and relocations. The entire operation of this task force with regard to the realignments being considered relative to this proceeding was placed in a “close-hold” status. On approximately October 26, 1974, LTC Reed directed LTC Bayer to evaluate the environmental aspects of the proposed moves from RGAFB on the basis of total closure of RGAFB only, and not on the basis of any partial closure or mission change with RGAFB remaining open in some limited capacity. LTC Reed made this determination to insure that the various proposals were evaluated as to their environmental impact on a “worst-case” basis, his belief being that any impacts resulting from partial closure and reduction in force at RGAFB would be less significant and less severe than the impact that would result from total closure. On October 29, 1974, two revised options were presented to General Jones by LTC Reed, after Reed had had some discussions with various members of the ad-hoc task force concerning the available options. Option A consisted of closure of RGAFB, moving the C-130 aircraft to Whiteman or Scott, relocating Headquarters, AFCS to Scott, and realigning the AFCS as a technical service under MAC. With regard to impact upon the surrounding community, this option only advised General Jones that unemployment' in the Kansas City area could be expected to increase one to two percent due to the closure. Option B consisted of relocating Headquarters AFCS to Scott and realigning it as a technical service under MAC, relocating the AFCS Flight Checking Squadron at RGAFB to Scott or another unspecified installation, and limiting the USAF activity at RGAFB to the remaining units at that base. It is noted on this option that this proposal would increase unemployment in the Kansas City area by less than one percent. The cost of the proposed relocations is estimated at five million dollars, the savings for fiscal year 1976 is estimated at eight million dollars, and the ultimate yearly savings is estimated at sixteen million dollars. With regard to that portion of the moves to Scott relating to Headquarters AFCS, Option B was the option that was subsequently adopted by the USAF. During this time period LTC Bayer was developing and writing a formal “Environmental Assessment” relative to the possible closure of RGAFB. The preparation of a formal, written environmental assessment is designed to collect and evaluate sufficient data to allow the responsible officer, here LTC Reed, to determine if the proposal is one for which an environmental impact statement is required under NEPA, DODD 6050.1, or AFR 19-2. Due to the “close-hold” restriction placed on the operations of the ad-hoe task force, LTC Bayer was limited in the sources of data available to him in compiling and writing this assessment. Essentially, he was limited to data previously compiled by the USAF and accessible at USAF headquarters in the Pentagon, and data contained in various public documents. LTC Bayer first considered the data contained in the “Tab A” portions of the master plans for Scott and Richards-Gebaur. Tab A’s of master plans generally contain data relating to the physical and meterologieal description of the base in question and its surrounding area, and a description of the facilities at the base. Included in this description are comments concerning the present status of on-base transportation and traffic conditions, on-base planned construction, on-base housing, base utility consumption (of power and water, etc.), base facilities for sewage treatment and disposal and base facilities for solid waste disposal. Tab A’s do contain slight comment concerning off-base facilities and conditions in a few instances. The Scott and RGAFB Tab A’s upon which LTC Bayer relied for information were last updated in January of 1974, and were not prepared in consideration of any of the planned moves or relocations. The Tab A’s are designed to indicate the adequacy of the facilities at a particular base to handle the existing base functions and personnel and to indicate problems in that regard. No attempt is made in these Tab A’s to indicate the adequacy of base facilities to accommodate any large scale increase in personnel or major change in function. Similarly, little information is contained in these documents relating to the effect of the base on the surrounding communities. In addition to the Tab A’s, LTC Bayer also considered data obtained from the 1974 Edition of the Editor and Publisher Market Guide, the 1972 Edition of the United States Bureau of the Census County & City Data Book; various statistics compiled by the United States Department of Labor relating to employment, etc.; the analysis of the effects of closures of military installations reflected in the book Local Economic Developments After Military Base Closures, by Dr. John Lynch; and data contained in water pollution reports relative to Scott that were prepared in June of 1974. LTC Bayer was also aware, generally, that (1) Headquarters AFCS had been located at Scott prior to July 1, 1970, (2) that certain programs existed by which the federal government aided areas whose economies were affected by military base closures to recover from the effects of such closures, arid (3) that the operation of the Homeowners Assistance Program of the DOD would aid individual homeowners transferred from the RGAFB area to the Scott area. The only environmental problem area identified by LTC Bayer in his study related to the availability of housing at Scott for ' the personnel being transferred to that base from RGAFB and other installations. This concern was occasioned by data contained in the Tab A to the Scott master plan which indicated that the housing situation at Scott and in the area surrounding Scott was “extremely critical”. The Tab A information indicates that on base housing at Scott is for all intents and purposes completely filled, and that many military personnel, and all attached civilian personnel, must seek housing in the surrounding community. Rental housing in the surrounding community is categorized as “extremely scarce and expensive”. For reasons therein stated, the Tab A concludes that the availability of single family dwellings for sale is “very limited” and includes only a “small percentage of the total housing”. The Tab A suimmarizes the housing situation at and surrounding Scott as follows: “Housing at Scott Air Force Base will continue to be a problem so long as the demand exceeds the supply by such a wide margin. Personnel turnover is such that off-base housing is more of a problem itself than a relief to the housing situation. The time required to acquire suitable off-base housing far exceeds the time personnel spend on an average tour of duty. Scott AFB has encountered several massive personnel increases without lateral increases in number of available housing units. Obviously, the housing deficiency has increased by leaps and bounds. Government furnished housing is the only solution to the problem.” During the first week of November, 1974, LTC Bayer mentioned this potential problem area to LTC Reed, who contacted Colonel George Powers, Jr., Director of Programs, under the Deputy Chief of Staff, MAC, at Scott Air Force Base. Colonel Powers advised LTC Reed that in his opinion the Scott area had sufficient housing available to absorb the personnel being transferred to that area. This opinion was based totally on an estimate of the Housing Referral Office at Scott (made without any consideration of the influx of personnel due to the planned moves) that perhaps as many as 500 housing units were available in the Scott area on the Illinois side of the Mississippi River, and upon the fact that some portions of St. Louis, Missouri are located within a one hour driving distance of Scott. Colonel Powers had done no studies and possessed no personal information relative to the housing situation at Scott. LTC Reed thereafter informed LTC Bayer that housing at Scott was “not a problem”. LTC Bayer completed the Environmental Assessment on or about November 13, 1974, and presented it to LTC Reed on that date. The first five pages of the Assessment constitute a review of the history and present physical facilities at RGAFB. The Assessment then states that the closure of RGAFB will result in (1) a reduction in air pollution and noise in the surrounding community; (2) a decrease in the demand made on community utility resources, including power, water, sewage disposal, and solid waste disposal; (3) a decline in Federal Aid to impacted school districts provided by Public Law 81-874, as amended; (4) a loss of as many as 6500 jobs in the surrounding community not including the civilian positions terminated at RGAFB, thereby raising the unemployment rate in the entire Kansas City metropolitan area by as much as 0.-8 percent; and (5) that although it is difficult to measure, as the employment at RGAFB is less than fifteen percent of the total employment in the metropolitan Kansas City area, no measurable effect should be felt in the areas of retail sales and housing values. The only statements in the Assessment relating to the installation and areas to which the various units at RGAFB are to be moved are contained in two paragraphs on page eight of the Assessment, which read as follows: “f. Mission Relocation. In order to meet operational requirements certain missions will have been relocated to other installations. In this instance, base missions are to be relocated to Whiteman AFG, MO and the Headquarters function to Scott AFB. The bases to which the missions will be relocated will be chosen because operations can be efficiently conducted and the physical property accommodates the personnel and equipment with minor changes and little new construction. The sewage treatment facilities will be able to handle or will be programmed to handle the sewage that may be generated by the increase. The same is true for the •heating and power generation facilities.” The Assessment further indicates that two alternatives to closure of RGAFB were considered. The first, “no action”, is dismissed as not satisfying the need for economy in the USAF'so as to more efficiently spend the defense dollar. The second, “close another installation”, is rejected on the basis that RGAFB is one base at which economic gain would be realized by closure and all functions could be transferred to other installations. The Assessment indicates that the only adverse impact of the closure of RGAFB that cannot be avoided is the economic impact on the surrounding community. The economic adverse effects are particularized in the assessment as “. . . unemployment, the reduction in market demands which will be very evident to the business community, reduced funding to community facilities, and economic development assistance programs, and the possible loss of Federal assistance to educational programs associated with large military populations in local communities.” No figures are presented in the Assessment to indicate the magnitude of any of these potential effects. The Assessment does contain a rather brief discussion of the purpose and programs of the President’s Inter-Agency Economic Adjustment Committee, and states that past experience indicates that if local leaders will work with the Inter-Agency Committee, the adverse economic impact of a base closure can be eliminated or reduced “in many cases”, within a maximum time of two and one-half years. Thus, LTC Bayer concludes in the Assessment, that if local leaders are willing to work with the Committee, specific adjustment programs can be promulgated and . . there is every reason to believe that the possible adverse economic impact of this action can be turned around. This will require the Air Force and the President’s Committee to work with the community leaders to meet the challenges of what could be considered a crisis. The Air Force and the Committee are ready to assist these community leaders to greatly reduce the potential environmental impact.” (Emphasis supplied.) The Assessment then concludes with the statements that the only impact that will be felt is a short-term economic impact, that the closure will not have any irreversible and irretrievable commitments of resources, and that “controversy” can be expected when the facts of the base closure and realignment of forces are made public. After receiving the Assessment on November 13, 1974, LTC Reed, based upon the information and conclusions contained in the Assessment, some conversations he had had regarding the Assessment with LTC Bayer, his brief conversation with Colonel Powers concerning housing in the Scott area, and some conversations with Colonel Powers concerning the military feasibility of realigning the AFCS as a technical service under MAC, determined that the proposed action, closure of RGAFB, and transfer of the various units to Scott would not have a significant impact on the quality of the human environment, and that it was not highly controversial in its environmental aspects. Accordingly, LTC Reed decided that no environmental impact statement was required by NEPA, DODD 6050.1, or AFR 19-2, and that no candidate environmental statement would be prepared. LTC Bayer concurred in this determination. Prior to making this decision LTC Reed was not provided by LTC Bayer with the data underlying the conclusions made in the Assessment. LTC Reed was aware, however, that prior to July 1, 1970 Headquarters, AFCS had been located at Scott. Upon making his decision that no environmental impact statement was required, LTC Reed communicated this determination to his immediate superiors. From this point forward, no environmental impacts were considered in any way in the decision making process that ultimately led to the decision to transfer Headquarters, AFCS and the other units to Scott. On November 16, 1974, the various options were reviewed with the Assistant Secretary of the Air Force and General Jones, and it was determined that Option B, as presented previously to General Jones, would be implemented, and that in addition the ETAC, and DCA units, and the Squadron of C-130 aircraft would be relocated to Scott. This determination was approved on November 18, 1974, by the Secretary of the Air Force and the Secretary of Defense. Various members of the Congress were notified of the realignments and relocations at issue in this proceeding, and of numerous other realignments and relocations, on November 21, 1974. The announcement was made to the public on November 22, 1974. Prior to the time that LTC Reed decided that no environmental impact study was required, and prior to the decision to effect the relocation of Head- quarters, AFCS to Scott along with the other units, no study or evaluation was ever conducted as to the potential environmental impacts of the partial closure of RGAFB, which was the option the defendants adopted and now seek to implement. The only study that was done related to a total closure of the base. Further, due to the “close-hold” nature of the decision making process, no local governmental officials or business or community leaders were contacted regarding the proposed actions in either the RGAFB or Scott areas prior,to the decision being publicly announced on November 22, 1974. Hence, neither factual information nor general comments and concerns about the proposed relocations were sought or received by the defendants from any official of any local governmental body on the state, county, or municipal level in the RGAFB or Scott areas, including officials of local planning and zoning agencies, special utility districts, or school districts, etc., or from any community or business leaders. Nor was any attempt made to acquire information from military or civilian officials at either RGAFB or Scott who might be familiar with the surrounding communities and their relationship to the respective installation. With particular regard to the RGAFB area, no study was done or data developed as to the magnitude of the economy ic impacts that would result from the proposed action, and no attempt was made to determine whether that impact would be spread across the greater Kansas City area or localized in the areas immediately surrounding the base, such as Grandview and Belton. No effort was made to determine whether the resulting unemployment would be concentrated in the areas immediately surrounding the base, and if so whether such concentrated unemployment would have any other adverse effects on the quality of the human environment in those communities. No data was compiled from which it would be possible to determine whether the proposed actions would have any significant effect on existing community planning or zoning schemes, or whether there would be an impact on the overall community growth and development patterns in the area surrounding the base. No effort was made to determine the housing patterns of the personnel at RGAFB that would be affected by the proposed actions. Hence, no data was collected by which it would have been possible to determine whether any particular community would be adversely affected by the loss of population due to the transfers away from RGAFB. Further, no consideration was given to the possibility of a large number of homes becoming vacant in a particular area for a significant amount of time if new buyers could not be found, with the attendant problems that may arise with large numbers of vacant homes, such as increased vandalism and related law enforcement problems, increased fire hazards, etc. Finally, no consideration was given to the possibility that the proposed action could decrease the tax base and tax revenues of various governmental bodies in the area, thereby potentially resulting in either a higher tax rate or a decrease in government services. Concerning the impact of the proposed realignments and transfers on the area surrounding Scott Air' Force Base, the Assessment, as previously noted, is extremely terse and only states ultimate conclusions. No studies were conducted to determine the actual availability of housing in the Scott area to accommodate the incoming military and civilian personnel and their dependents. Further no attempt was made to measure or evaluate the potential impact of the incoming population on existing community resources and facilities, including transportation systems (and traffic conditions), power and water usage, sewage treatment and disposal, and solid waste disposal, etc. No investigation was made as to the potential effects on land use patterns or upon community growth and development patterns in the area. Finally, it must be noted that in preparing the Environmental Assessment LTC Bayer found it neither necessary nor desirable (in light of the “close-hold” status of the proposed actions) to conduct any on-site inspections of either RGAFB and its surrounding communities, or of Scott and its environs. Similarly, LTC Reed found no reason to conduct any on-site investigations of these areas. After the decision of defendants to effect the realignments and transfers in issue here, and subsequent to the public announcement of those actions, the Environmental Assessment prepared by LTC Bayer was updated on three separate occasions. None of these updates or the data underlying the updates was ever communicated to the decision makers. At no time did LTC Reed reconsider his determination that these actions did not significantly affect the quality of the human environment in light of the additional information contained in these updates. Nor was the decision to effect the proposed moves and relocations reconsidered in view of this additional data. The first update was prepared'in January of 1975 by LTC Bayer. Unlike the initial Assessment, this update does concern itself with the decisions that were made, and not with total closure of RGAFB, upon which the November Assessment had been predicated. This update basically amplifies the original Assessment in terms of unemployment in the RGAFB area resulting from the transfer of Headquarters, AFCS to Scott, and indicates that the Belton School District will lose approximately $30,000 yearly in federal impact-aid funds. Although the information in this update regarding the potential impact on the Scott area is just as limited as that in the original Assessment, the housing market in the Scott area is described as “limited” and possibly “a problem”. The March update, again prepared by LTC Bayer, further delineates the potential unemployment resulting from the transfer from RGAFB, and for the first time incorporates data as to the present places of residence of RGAFB personnel with the metropolitan Kansas City area. This update states that the decrease in impact-aid funds to school districts will be approximately $739,000 for all school districts involved, and that this impact would be felt most strongly in the Belton School District. The direct salary loss to the RGAFB area is placed at 35 million dollars, with an additional loss to the area of 52.5 million dollars in secondary income. With regard to the Scott area, the March update indicates that the total cost of the move will be approximately 10 million dollars and that office facilities at Scott are sufficient to accommodate the increase of functions at that base. This Assessment, referring to an | unidentified “comprehensive review” of off-base housing and public school facilities surrounding Scott, concludes that off-base housing is adequate in the area and that sufficient educational facilities, including institutions of higher learning, are present. With particular regard to housing, the Assessment does state that: “In addition to housing immediately available, the local builders and developers already have numerous programs under way and have initiated plans for a significant number of additional units. Their schedules are such that housing will be available by late summer. Although the Air Force is not considering St. Louis proper as a housing resource for its people - - - for those who wish to live in a metropolitan area, St. Louis will be well within the DOD distance criteria from Scott upon the completion of 1-64 in the summer of 1976.” (Emphasis supplied.) The final update is entitled “Environmental Assessment on Increase of Functions, Scott AFB” and was prepared by personnel at Scott in late March or early April, 1975. In this Assessment for the first time are the potential environmental impacts of the proposed relocations to Scott of the four units involved considered and evaluated in anything more than a perfunctory and conclusory manner. This Assessment was prepared some four months after the final decision was made to effect the transfers and relocations to Scott, and was not before LTC Reed at the time that his decision not to prepare an environmental impact statement was made. This Assessment concludes that traffic flow will not be a problem after the transfers to Scott are effected; that although automobile related air pollution will increase, it should not increase over levels existing at Scott in 1969, prior to the original transfer of AFCS to RGAFB; but that the transfer of the C-130 aircraft to Scott will “increase substantially” the emissions of the “most harmful oxides of nitrogen and sulphur”. The maximum projected housing needs for incoming personnel is placed at 2,154 family units, and the Assessment concludes that enough housing is present to accommodate this need. In reaching this conclusion the Assessment points out the massive public relations campaign undertaken by USAF personnel at Scott after the transfer decisions were announced to locate every available housing unit, and the additional construction of housing units being undertaken in the surrounding communities in order to satisfy the housing deficiency engendered by the large personnel transfers to Scott contemplated by the proposed relocations of Headquarters, AFCS, ETAC, the DCA unit, and the Squadron of C-130 aircraft to Scott. No potential effects on local land use or growth and development patterns are mentioned. It is clear that in this Assessment parts of St. Louis, Missouri are considered as part of the Scott housing area. In addition to the record of the administrative process, as summarized above, the testimony and other evidence adduced at the trial reveal the following. The realignment and relocation of Headquarters, AFCS from RGAFB to Scott will eliminate approximately 1,422 military job positions and 902 civilian job postions at RGAFB, of which approximately 1,049 military and 753 civilian positions will be transferred to Scott. The total cost to the USAF of the ralignments and relocations involved in this proceeding exceeds ten million dollars. The direct salary loss to the RGAFB area will be approximately 35 million dollars annually, with a substantially higher secondary income loss. Unemployment in the greater Kansas City, Missouri metropolitan area will increase by 0.1%, from 6.9 to 7.0%. The total number of job positions being transferred to Scott from RGAFB and other installations is approximately 2,992, which, with dependents, will result in the move of approximately 9 to 10 thousand persons into the communities around Scott. The total number of job authorizations at Scott after the re-locations are effected will be approximately 9,970. The relocations and transfers will be completed within fiscal year 1976, and approximately ninety percent of the incoming personnel will arrive at Scott between the first of July and the end of October, 1975. The economic life of Belton and Grandview is directly tied to the individuals stationed at Riehards-Gebaur. In large part due to the location and growth of RGAFB over the last fifteen to twenty years, Belton has grown from a community of 1,100 persons to its present population of over 15,000. Similarly, in the five years since the move of Headquarters, AFCS to RGAFB from Scott, the population of Grandview has grown from approximately 16,000 to over 26,000. The economic dislocations including the unemployment, resulting from the reduction in force at RGAFB will be particularly acute in these communities, and not spread out over the entire Kansas City, Missouri metropolitan area. For example, in Belton where a significant percentage of the work force is either employed at RGAFB or employed in secondary business directly serving the needs of the base and the individuals there stationed, the effect is expected by businessmen familiar with that community to be “devastating”. The transfer of the Headquarters, AFCS operation from RGAFB to Scott will result in an immediate population decrease in the communities surrounding RGAFB of approximately 7,500 persons, J including the loss of approximately 3,500 persons in Jackson County, Missouri. I As a direct consequence of this rather-sudden population decrease, the taxing authorities in the area will suffer an immediate and long term decrease in revenue from such sources as personal property taxes, sales taxes, business personal taxes, and gasoline taxes, etc. The evidence indicates, for example, that the surrounding communities will lose over $325,000 annually in revenue from personal property taxes on automobiles alone, with over $140,000 of this loss occurring in Jackson County. Similarly, substantial declines in revenues from sales and business personal taxes are expected, as the revenue from these sources is directly tied to the level of economic activity in the area. The transfer of personnel from RGAFB to Scott will also result in the placing on the open market for sale over 800 single family residences in the area immediately surrounding RGAFB within an extremely short period of time. Approximately 275 of these homes are located in Belton, with the large majority of the remainder located in Grandview. This will create a “glut” on the housing market in these areas, resulting in a depression of property values and ultimately leading to a decrease in revenue from real estate taxes. These communities do not have the capacity to absorb this large number of vacant homes, and it is expected that a large percentage of them will remain vacant for an extended period of time, giving rise to increased vandalism and fire protection problems. Further, the move of Headquarters, AFCS to Scott will result in an equivalent number of apartment units being vacated in the area immediately surrounding RGAFB. Coupled with the large number of vacant homes, normal growth and development of the communities around RGAFB will be retarded a minimum of three years and a maximum of five years or longer, as it will take at least that amount of time before the vacated homes and apartments can be expected to become occupied by new residents. In the interim, it is expected that substantially no construction of residential or apartment housing will take place. The relocation of Headquarters, AFCS will also result in the departure from the RGAFB area of approximately 2,550 school children for which the school districts they have been attending in the RGAFB area are receiving federal funds under the federal aid to impacted areas program. Most of the children currently attend school in Belton and Grandview. At present, federal impact-aid funds received by public schools attended by children of military and civilian personnel stationed at RGAFB exceeds $1,800,000 annually. The transfer of personnel to Scott will ultimately result in a decrease of $700,000 or more per year in these funds, although the decrease will be gradual over a period of a few years, thereby lessening the immediate impact to some degree. The evidence also indicates that the AFCS personnel that live in the Belton and Grandview areas have been extremely active in local government affairs and other community activities. In view of this fact, and in view of. the foregoing, public officials and residents of the communities surrounding RGAFB are extremely concerned about the impacts the proposed realignment and relocation of Headquarters, AFCS to Scott will have on their communities. Concerning the area surrounding Scott Air Force Base, the evidence demonstrates that at present there is a severe shortage of family housing of all types, including homes for sale, homes for rent, and all types of apartment and other multi-family dwellings. What housing is available is expensive, considerably more so than comparable housing in the RGAFB area. This shortage will be severely aggravated by the influx of personnel attached to Headquarters, AFCS, and the other incoming units. Recognizing this problem, on December 2, 1974 Colonel Sharman R. Stevenson, then Base Commander at Scott, advised all unit commanders at Scott of the “immediate severe” nature of this problem, and requested them to remain in constant contact with the Housing Referral Office at Scott, which was then beginning to conduct a massive campaign to list every available housing unit in the Scott area for the information of the incoming personnel. That campaign has been ongoing constantly since that time, with some success. The expected large housing shortage has not been alleviated, however. Overall, a minimum of 2,154 family housing units will be needed in the Scott area to accommodate the incoming personnel that will arrive by October 31, 1975. This number of units is not available in the Scott area, and will not become available in the foreseeable future. Viewing the evidence in the light most favorable to the defendants, an absolute maximum of 1,600 housing units will become available in the Scott area during this period, and this figure assumes that no one except incoming personnel stationed at Scott will need housing in the area during this time. Further, these figures assume that every single housing unit in the area will be occupied. The expected housing shortage for incoming military personnel and their dependents is particularly chronic, to the extent that the defendants have undertaken steps to allow the families of transferred military personnel to remain in their present housing at RGAFB for an extended period of time after the transfer to Scott, in the hopes that eventually housing will become available in the Scott area. Until that time, a shuttle service is contemplated by which the military personnel transferred to Scott would fly home to spend the weekends with their families, returning to Scott during the week. No similar service will be available for civilian personnel. The campaign to identify available housing in the Scott area has also resulted in the beginning of some significant construction of new homes and apartments in the Scott area, with additional home construction being planned. Although the evidence does not indicate precisely the extent of such planned new housing, it is clear that much of this housing is intended to accommodate the personnel incoming to Scott. No attempt has been made by the USAF to determine whether this additional construction could have a significant effect on the quality of the human environment in the areas in which it is being undertaken. In this regard it is important to note that utilities in the Scott area are in some instances not able to accommodate the presently existing populations and housing facilities. Natural gas is unavailable in some portions of the area without a long waiting period. Similarly, certain of the local communities around Scott have suffered problems with their sewer systems, and with electric power supply. Further, the entire area has a high water table, resulting in severe drainage problems in certain areas. Requests of contractors to have certain areas zoned for apartment construction have been challenged in some communities. The transfers to Scott will also result in the local school systems being asked to absorb an additional three to four thousand students annually. Surveys conducted by USAF personnel at Scott in the late Spring of 1975 indicate that the local school systems can absorb this absolute number of additional students. The evidence does not indicate whether those school systems with available space are located in the same communities in which housing is available. The National Environmental Policy Act In enacting the National Environmental Policy Act, Congress undertook (1) to declare a national policy which will encourage productive and enjoyable harmony between man and his environment; (2) to promote efforts aimed at eliminating adverse environmental effects and stimulating the health and welfare of man; (3) to foster study and understanding of ecological systems and natural resources; (4) to establish the Council on Environmental Quality (hereinafter, CEQ). Section 2 of NEPA, 42 U.S.C. § 4321. The national environmental policy declared by Congress is as follows: § 4331. Congressional declaration of national environmental policy (a) The Congress, recognizing the profound impact of man’s activity on the interrelations of all components of the natural environment, particularly the profound influences of population growth, high-density urbanization, industrial expansion, resource exploitation, and new and expanding technological advances and recognizing further the critical importance of restoring and maintaining environmental quality to the overall welfare and development of man, declares that it is the continuing policy of the Federal Government, in cooperation with State and local governments, and other concerned public and private organizations, to use all practicable means and measures, including financial and technical assistance, in a manner calculated to foster and promote the general welfare, to create and maintain conditions under which man and nature can exist in productive harmony, and fulfill the social, economic, and other requirements of present and future generations of Americans. (b) In order to carry out the policy set forth in this chapter, it is the continuing responsibility of the Federal Government to use all practicable means, consistent with other essential considerations of national policy, to improve and coordinate Federal plans, functions, programs, and resources to the end that the Nation may— (1) fulfill the responsibilities of each generation as trustee of the environment for succeeding generations ; (2) assure for all Americans safe, healthful, productive, and esthetically and culturally pleasing surroundings; (3) attain the widest range of beneficial uses of the environment without degradation, risk to health or safety, or other undesirable and unintended consequences; (4) preserve important historic, cultural, and natural aspects of our national heritage, and maintain, wherever possible, an environment which supports diversity and variety of individual choice; (5) achieve a balance between population and resource use which will permit high standards of living and a wide sharing of life’s amenities ; and (6) enhance the quality of renewable resources and approach the maximum attainable recycling of depletable resources. (c) The Congress recognizes that each person should enjoy a healthful environment and that each person has a responsibility to contribute to the preservation an enhancement of the environment. In order to effect these stated policies, Congress in enacting § 102 of NEPA, 42 U.S.C. § 4332, directed that, to the fullest extent possible: “(1) the policies, regulations, and public laws of the United States shall be interpreted and administered in accordance with the policies set forth in this chapter, and (2) all agencies of the Federal Government shall— “(A) utilize a systematic, interdisciplinary approach which will insure the integrated use of the natural and social sciences and the environmental design arts in planning and in decisionmaking which may have an impact on man’s environment; “(B) identify and develop methods and procedures, in consultation with the Council on Environmental Quality established by subchapter II of this chapter, which will insure that presently unqualified environmental amenities and values may be given appropriate consideration in decisionmaking along with economic and technical considerations; “(C) include in every recommendation or report on proposals for legislation and other major Federal actions significantly affecting the quality of the human ^environment, a detailed statement by the responsible official on — • “(i) the environmental impact of the proposed action, “(ii) any adverse environmental effects which cannot be avoided should the proposal be implemented, “(iii) alternatives to the proposed action, “(iv) the relationship between local short-term uses of man’s environment and the maintenance and enhancement of long-term productivity, and “(v) any irreversible and irretrievable commitments of resources which would be involved in the proposed action should it be implemented. “Prior to making any detailed statement, the responsible Federal official shall consult with and obtain the comments of any Federal agency which has jurisdiction by law or special expertise with respect to any environmental impact involved. Copies of such statement and the comments and views of the appropriate Federal, State, and local agencies, which are authorized to develop and enforce environmental standards, shall be made available to the President, the Council on Environmental Quality and to the public as provided by' Section 552 of Title 5, and shall accompany the proposal through the existing agency review processes;' “(D) study, develop, and describe appropriate alternatives to recommended courses of action in any proposal which involves unresolved conflicts concerning alternative uses of available resources; “(F) make available to States, counties, municipalities, institutions, and individuals, advice and information useful in restoring, maintaining, and enhancing the quality of the environment;” The purpose of the procedural requirements of § 102 is clear. The Congress had mandated that all federal agencies take environmental factors into consideration, in all decision making. Scherr v. Volpe, 466 F.2d 1027 (7th Cir. 1972). The provisions of § 102 serve “to ensure that each agency decision maker has before him and takes into proper account all possible approaches to a particular project (including total abandonment of the project) which would alter the environmental impact and the cost-benefit balance. Only in this fashion is it likely that the most intelligent, optimally beneficial decisions will ultimately be made. Moreover, by compelling a formal “detailed statement” and a description of alternatives, NEPA provides evidence that the mandated decision making process has in fact taken place and, most importantly, allows those removed from the initial process to evaluate and balance the factors on their own.” Environmental Def. Fund v. Corps, of Eng., 470 F.2d 289 (8th Cir. 1972); Calvert Cliffs Coordinating Committee v. U. S. Atomic Energy Commission, 146 U.S.App.D.C. 33, 449 F.2d 1109 (1971). NEPA’s requirements are specifically designed to counter the inevitable agency bias in favor of a proposal or project that it has recommended, Environmental Def. Fund v. Corps, of Eng., supra, and to effectuate substantive changes in the agency decision making process. M.P.I.R.G. v. Butz, 498 F.2d 1314 (8th Cir., En Banc, 1974). Agency determinations concerning the procedural requirements of NEPA are not committed to agency discretion by law within the meaning of the Administrative Procedure Act, 5 U.S.C. § 701 (APA), ,and are therefore reviewable. M.P.I.R. G. v. Butz, supra. And see Wyoming Outdoor Coordinating Council v. Butz, 484 F.2d 1244 (10th Cir. 1973). Jurisdiction This cause clearly arises under NEPA. Plaintiffs contend that the defendants have failed to comply with the spirit of NEPA, as set forth in § 101, and have failed to satisfy the procedural requirements of decision making set forth in § 102. In particular, plaintiffs assert inter alia, that the defendants failed to comply with §§ 102(2) (A, C, D, and F) in the decision making process that ultimately resulted in the decision to relocate Headquarters, AFCS and the other units to Scott. The amount in controversy exceeds $10,000, exclusive of interest and costs. This Court therefore has jurisdiction to hear this action under the provisions of 28 U.S.C. § 1331(a). Smith v. Schlesinger, 371 F. Supp. 559 (C.D.Ca.1974); Town of Groton v. Laird, 353 F.Supp. 344 (D.Conn. 1972); Citizens for Reid State Park v. Laird, 336 F.Supp. 783 (D.Me.1972). Further, this Court has jurisdiction to entertain this action under the provisions of 28 U.S.C. § 1361, as this action is one “in the nature of mandamus”. The ultimate issue presented in this case is whether the proposed realignments and relocations to Scott constitute a “major federal action significantly affecting the quality of the human environment”. If so, defendants clearly have the duty under § 102(2) (C) to prepare and file an environmental impact statement prior to making the final decision to effectuate the realignments and relocations, and to otherwise comply with the mandates of § 102(2)(C). That duty is enforceable under the provisions of § 1361. See Harlem Valley Transportation Association v. Stafford, 500 F.2d 328 (2d Cir. 1974), and cases cited therein. Standing Defendants suggest that all plaintiffs lack standing to maintain this action. Accordingly, they assert that no case or controversy is present in the constitutional sense, and that therefore the complaints must be dismissed. The analysis of this contention must begin with § 10 of the APA, which provides as follows: “A person suffering legal wrong because of agency action, or adversely affected or aggrieved by agency action within the meaning of a relevant statute, is entitled to judicial review thereof.” § 10 of the APA, 5 U.S.C. § 702. Standing under this section requires the satisfaction of a two-fold test: (1) the plaintiff must show that the challenged action has or will cause him injury in fact, and (2) that the alleged injury is to an interest “ ‘arguably within the zone of interests to be protected or regulated’ by the statutes” that plaintiff claims the agency has violated. United States v. SCRAP, 412 U.S. 669, 93 S.Ct. 2405, 37 L.Ed.2d 254 (1973); Sierra Club v. Morton, 405 U.S. 727, 92 S.Ct. 1361, 31 L.Ed.2d 636 (1972); Coalition for the Environment v. Volpe, 504 F.2d 156 (8th Cir. 1974); M.P.I.R.G. v. Butz, 498 F.2d 1314 (8th Cir., En Banc, 1974). The requirement that a prospective plaintiff must suffer injury in fact assures that such plaintiff will have the personal stake and interest that impart the concrete adverseness required by Article III of the Constitution. The injury in fact requirement is therefore a limitation imposed on the jurisdiction of the federal courts by Article III of the Constitution, and without such injury in fact no case or controversy is present. See Coalition for the Environment v. Volpe, supra, 504 F.2d at p. 165, and cases cited therein. Although injury to a plaintiff’s economic well-being will satisfy the injury in fact requirement, other types of injury are sufficient to meet the requirements of this test. Specifically, a plaintiff may satisfy this requirement by showing injury to his aesthetic or environmental well-being, as these factors have been recognized as important ingredients in the quality of life in our . society. United States v. SCRAP, supra; Sierra Club v. Morton, supra; Coalition for the Environment v. Volpe, supra. And, although a plaintiff must show some injury, he need show no particular degree of injury. As recently stated by the Eighth Circuit: “Standing is a threshold inquiry: it requires focus on the party seeking to have his complaint heard in a federal court; and it eschews evaluation of the merits. The court is not to consider the weight or significance of the alleged injury, only whether it exists. ‘An identifiable trifle is enough for standing to fight out a question of principle; the trifle is the basis for standing and the principle su