Full opinion text
JAMES C. HILL, District Judge. ORDER BACKGROUND The Reynoldstown Improvement League, Inc. and individual residents of the Reynoldstown area initiated Civil Action No. 75-717 seeking declaratory and injunctive relief against the Urban Mass Transportation Administration (UMTA); the United States Department of Transportation (U.S. DOT); the Metropolitan Atlanta Rapid Transit Authority (MARTA); William T. Coleman, individually, and in his official capacity as Secretary of the United States Department of Transportation; and Frank C. Herringer, individually, and in his official capacity as the Administrator of the Urban Mass Transportation Administration. On August 13,1975, Inman Park Restoration, Inc. and two individual members were allowed to intervene as plaintiffs in the Reynoldstown suit. At the same time they filed their own action, Civil Action No. 75-1306. Reynoldstown ceased being an active party on September 8th when it filed a stipulation of dismissal, but Inman Park continued to take an active part in both suits. Plaintiffs in the Reynoldstown and In-man Park suits allege that pursuant to the National Environmental Policy act of 1969 (NEPA), as amended, 42 U.S.C. § 4331 et seq. and regulations promulgated pursuant thereto, defendants must perform a supplemental Environmental Impact Statement (EIS) on each proposed rapid transit station and accompanying development, including the proposed Moreland Avenue Station located between Reynoldstown and Inman Park. In the alternative, plaintiffs allege that the original EIS prepared on the entire MARTA System is inadequate and must be redone in advance of the construction of any of the transit stations. In addition, plaintiffs seek to have the court order the defendants to comply with section 106 of the National Historic Preservation Act, 16 U.S.C. § 470 et seq. as it relates to Inman Park. Allegations are also presented under section 4(f) of the Department of Transportation Act, as amended, 49 U.S.C. § 1653(f) and section 14(c) of the Urban Mass Transportation Act of 1964, as amended, 49 U.S.C. § 1610(e). Plaintiff Inman Park Restoration, Inc. is a Georgia non-profit corporation incorporated in 1971. Its membership includes approximately 175 families who reside in the residential community located in the eastern portion of the City of Atlanta commonly referred to as Inman Park. The plaintiff corporation is dedicated to the purpose of improving, enhancing and protecting all aspects of the residential community in which its members reside. Plaintiffs Robert Segrest and Rodney Eaton are adult citizens of the United States who are residents and homeowners within the Inman Park Community and members of plaintiff Inman Park Restoration, Inc. Save Our Sycamore (SOS), a non-profit unincorporated neighborhood association, and one resident of Sycamore Street, Donald Mahaffey, seek declaratory and injunctive relief in Civil Action No. 75-928 to restrain the defendants from financing or constructing a rapid transit station adjacent to or near the DeKalb County Courthouse and from financing or constructing a rapid transit rail line from the Georgia Railroad to the DeKalb County Courthouse and back to the Railroad along Sycamore Street. Plaintiffs also seek to stop the condemnation or purchase of any land in furtherance of the construction of a rapid transit station or line in this area. Plaintiffs in the SOS case rely upon the same statutory authority as plaintiffs in the Inman Park case. Specifically, SOS plaintiffs allege that the defendants have not prepared a detailed EIS pursuant to NEPA for the proposed MARTA station at Decatur Square and for the rail alignment running eastward from Decatur Square along Sycamore Street. Plaintiffs contend that the EIS which was prepared did not give adequate consideration to alternative station sites and rail locations. Plaintiffs further allege violations of section 4(f) of the Department of Transportation Act and section 106 of the National Historic Preservation Act with respect to the taking of a portion of the land surrounding the DeKalb County Courthouse and the alignment eastward along Sycamore Street. Plaintiff, SOS, is a non-profit, unincorporated association created in 1974 consisting of over .eighty (80) members who reside in the City of Decatur, Georgia, several of whom reside on Sycamore Street in the City of Decatur, Georgia. The purposes of SOS are to promote, protect, and preserve the historical monuments, architectural beauty, and environmental amenities of the City of Decatur, as well as the Old DeKalb County Courthouse and the Victorian era homes on Sycamore Street in the City of Decatur, and further to protect plaintiff members’ homes on Sycamore from condemnations, seizure, demolition and destruction by defendant MARTA. Plaintiff Donald H. Mahaffey, is a natural person who resides at 805 Sycamore Street. He has asserted an interest in the protection and promotion of the Old DeKalb County Courthouse, the architectural beauty and environmental amenities of the City of Decatur, the architectural beauty, historical uniqueness, environmental amenities of Sycamore Street, and the Victorian era homes thereon, and further the privacy and integrity of his home from condemnation, seizure and destruction by defendants. Defendant MARTA is a public authority created and existing under the laws of the State of Georgia, and is charged with the responsibility of constructing a rapid transit system in Fulton and DeKalb Counties. Defendant William T. Coleman is the United States Secretary of Transportation, an agency of the United States government, and in that position he has supervision over and responsibility for, administering various federally-aided transportation programs, including those relating to the financing of MARTA’s rapid transit system. Defendant Frank C. Herringer is the Administrator of the Urban Mass Transportation Administration, and in that position he has supervision over and responsibility for, administering various federally-aided mass transportation programs, including those related to the financing of MARTA’s rapid transit system. Defendant DeKalb County is a body corporate and politic created and existing under the Constitution and laws of the State of Georgia. In April, 1975, Reynoldstown and the named plaintiffs sought a temporary restraining order restraining MARTA from demolishing any buildings in the Reynolds-town area or from proceeding in any manner with the construction of the Moreland Avenue Station. Plaintiffs’ motion for temporary restraining order was denied by the Court. Then, in May, 1975, SOS and Donald Mahaffey sought a temporary restraining order restraining MARTA from condemning or otherwise acquiring land and from demolishing buildings or houses at the site of the proposed MARTA station at Decatur Square and in the right-of-way of the rail alignment east of that station. Plaintiffs’ motion for said temporary restraining order was denied by the Court. The Court consolidated the Reynolds-town, Inman Park, and SOS suits for trial purposes and set all motions down for a final hearing on September 8, 1975. The Court heard four days of oral evidence in addition to admitting voluminous documentary evidence. It was, however, stipulated that all administrative procedures had not been completed with respect to claims based upon the Department of Transportation Act, the Urban Mass Transportation Act, and the National Historic Preservation Act. While the Court received evidence touching upon the claims under these Acts, the Court will not issue any final order on these claims until the parties have completed the record. Finally, as a preliminary matter, the Court finds that it has jurisdiction to entertain these actions and to determine the questions presented pursuant to 28 U.S.C. §§ 1331 and 1337 and 5 U.S.C. § 701 et seq. FINDINGS OF FACT 1. In the early 1960’s Atlanta regional planners determined that there existed in the territory comprising the counties of Cobb, Fulton, DeKalb, Clayton and Gwinnett, including the City of Atlanta (sometimes referred to as the “metropolitan area”), serious traffic conditions, congestion and mass transportation deficiencies which would increasingly impede the cultural and social development of the area and which would prevent the economic wellbeing of the people from reaching its fullest potential. 2. The Metropolitan Atlanta Transit Study Commission proposed a rapid transit system for the metropolitan Atlanta area in 1962. 3. In November, 1964, the people of the counties of Fulton, DeKalb, Cobb, Clayton and Gwinnett and the City of Atlanta approved the 1964 Rapid Transit Amendment to the Constitution, Article XVII, Section I, Paragraphs I-V (Ga.Code Ann. §§ 2-8601— 8605). This constitutional amendment in Paragraph I acknowledges that: The acquisition, establishment, operation or administration of a system of public transportation of passengers for hire within metropolitan area . . . is an essential governmental function and a public purpose for which the powers of taxation and eminent domain may be exercised and public funds of said counties and municipality expended. By this amendment, the General Assembly was authorized to create an Authority for the purpose of accomplishing the aforesaid governmental function, to permit the named local governments to contract with the Authority for such purposes, and to levy taxes in order to finance such function. 4. In 1965, the General Assembly passed the Metropolitan Atlanta Rapid Transit Authority Act (hereinafter “MARTA Act”) of 1965 (Ga.Laws 1965, p. 2243), acting pursuant to the authority given it under the 1964 constitutional amendment set forth above. In this Act, the General Assembly provided that there should be further referenda in each of the local governments for the purpose of determining whether or not each of said governments desired to participate in the Authority. 5. In 1965, referenda were held in each of said local governments, and all but Cobb County determined to participate in the Authority. In 1966, the General Assembly amended the MARTA Act to confirm the participation of those governments which had determined to participate and to provide another procedure for future participation by Cobb County (Ga.Laws 1966, pp. 3264, 3265). 6. In 1966, the General Assembly proposed another amendment to the Constitution of Georgia (Article VII, Section II, Paragraph I, Ga.Laws 1966, p. 1080) (Ga.Code Ann. § 2-5501), which was ratified by the people at the General Election held in November of 1966, and which provided that: Public transportation of passengers for hire is an essential governmental function and a public purpose for which the power of taxation of the State may be exercised and its public funds expended . This general constitutional amendment, applicable to the entire state, permitted state funds to be used to cover 10% of the costs of a local rapid transit system. 7. In 1966, the General Assembly also proposed another amendment to the Constitution (Article VII, Section IV, Paragraphs I-VI, Ga.Laws, 1966, p. 1066) (Ga.Ann. §§ 2-5701 — 5706), which was voted on and approved by the public statewide and which provided in Paragraph II thereof that: In addition to such other powers and authorities as may be conferred upon any county by this Constitution or by the General Assembly, counties are hereby authorized to exercise the power of taxation for the following purposes . acquire, construct, maintain facilities for mass transit. This constitutional amendment was also a general constitutional amendment applicable to the entire State of Georgia. 8. In 1971, the General Assembly of Georgia passed two substantial amendments to the Metropolitan Atlanta Rapid Transit Authority Act of 1965. One of these, Georgia Laws, 1971, pages 2082-2091, added a completely new section 25, which permitted each of the local governments authorized to participate in the Authority to levy a one percent (1%) sales and use tax for the purpose of fulfilling its obligations under a contract with MARTA to construct and operate a rapid transit system. This sales and use tax, however, was to be levied only after another successful referendum in the local governments. 9. In November of 1971, the people of Pulton and DeKalb counties approved the Rapid Transit Contract and Assistance Agreement (the “Contract”) between and among the City of Atlanta, the counties of Fulton and DeKalb and MARTA, as required by the MARTA Act, thereby permitting the levy of the sales and use tax for rapid transit purposes in Fulton and DeKalb Counties. Clayton and Gwinnett Counties declined participation by failing to approve the contract at referenda held in each of those counties. Pursuant to the favorable vote of the people in November 9, 1971 referendum, Fulton and DeKalb Counties levied the Rapid Transit Sales and Use Tax which became effective April 1, 1972, in accordance with said Act. 10. Since 1964 the' people of Fulton and DeKalb Counties have had the opportunity to vote on various aspects of rapid transit, i. e., constitutional amendments, participation in the Authority and the financing of the Authority, including the permissible use of state and local funds for such purposes on five separate occasions. (This does not include the unsuccessful vote in 1968 of the financing plan which was based upon further increases in the ad valorem tax.) It is a significant fact that Section 24(f) of the MARTA Act (Ga.Laws 1971, p. 2103) required that the entire contract between MARTA and the local governments, be published in a newspaper having general circulation throughout the territory of the governments involved prior to the vote thereon in the referendum held November 9, 1971. It was on the approval of this contract that the issue was put to the people. Affirmative approval of the contract permitted the local governments to levy the sales and use tax for the purpose of the contract. 11. The environmental benefits to be obtained from the development of the MARTA System have been an inherent part of the planning from its early origins. The decision to use the existing railroad corridors radiating from the central city was made because of a conscious effort to minimize the impact that construction of such a system would have upon the community. These existing rail corridors had already influenced the development of neighborhoods around them. Avoiding the further disruption of these neighborhoods was a major factor in choosing the primary corridors for development of the MARTA rail lines. 12. In connection with each of the referenda described, there were expansive public information programs, brochures and other materials which communicated to the public a knowledge of the overall impacts, including the environmental impacts of the rapid transit system. Specifically, an Engineering Report, dated September, 1971, prepared by MARTA’s General Engineering Consultant, Parsons, Brinckerhoff, Todor-Bechtel (PBTB), was also approved in said November 1, 1971 referendum. This Engineering Report put the basic rapid transit system together with transit stations shown at approximately the present locations. 13. At each step in the planning process and the implementation stage, news media coverage of the MARTA plans and system has been extensive. Not only have the required legal notices been placed in the newspapers for the various referenda, public hearings and other meetings, but news coverage of the actions of the Authority in making decisions with regard to the location of the system and its impact on communities has been extensive as well. 14. More specifically relating to the East Line and its impact on the Reynoldstown, Inman Park and Decatur communities, facts found in the following paragraphs are particularly relevant. 15. The initial decision to utilize existing railway rights-of-way to the maximum extent possible was made as early as 1961. The East Line was proposed in essentially its present form in 1961, with stations at More-land Avenue and Decatur. At that time, however, the Decatur Station was to be located on the Georgia Railroad right-of-way. 16. The 1962 Metropolitan Atlanta Transit Study Commission plan, proposed a More-land Avenue Station located along the Georgia railroad just east of Moreland Avenue. The Decatur Station was located along the railroad, between McDonough Street, and Trinity Place. The 1962 Plan also evaluated various alternatives to the proposed system. These alternatives included an all bus alternative, a combination bus and rail alternative, and an alternative which would use the existing railroad system. 17. In 1967, it was proposed that the More-land Avenue Station be located approximately half-way between the proposed East Atlanta Tollway and Moreland Avenue, approximately where it is now planned. The Decatur Station was to be approximately 200 feet north of the railroad at Barry Street. 18. In the fall of 1967, a series of meetings took place between MARTA, PBTB personnel, and the City Manager of Decatur. At that time, the City Manager of Decatur urged that the Decatur Station be located in downtown Decatur near the DeKalb County Courthouse. 19. The Eric Hill Corridor Impact Study of 1968 recommended a downtown Decatur location, near the intersection of Trinity Place and McDonough Street. 20. In April, 1968, the City Council of Decatur passed a resolution requesting that the Decatur Station be located on Trinity Place. Studies for that proposed location were prepared. 21. At the public meeting on May 13,1968, at the Decatur Recreation Center, it was announced that MARTA was studying a suitable downtown site for the Decatur Station. 22. On July 1, 1968, MARTA and PBTB met with the Decatur City Commissioners and suggested placing the Station near the old Courthouse Square. All present approved the proposal. 23. The proposed system adopted by the MARTA Board and submitted to the voters in the 1968 referendum incorporated a Decatur Station in its present location, south of the old DeKalb County Courthouse. The line ran east on Sycamore Street to Candler Street, where it curved south, returning to the railroad about midway between Columbia Drive and Sams Crossing. The site proposed for the Moreland Avenue Station at the time of that unsuccessful referendum was nearly identical to that presently proposed. 24. In a report prepared for the Atlantic Area Transportation Study in January, 1971 (financed by the Georgia Highway Department and by MARTA), a series of transportation alternatives were evaluated. The report recommended expansion of the existing highway system and implementation of a rapid transit system as soon as possible. 25. On January 22, 1971, concern was expressed by Decatur and DeKalb officials about the 1968 rail alignment east of the Courthouse in light of the townhouses which had been constructed near the corner of N. Columbia Drive and Sycamore Street. Alternatives were studied, including a transit line one block south of the proposed line, and a line along Swanton Way and Sycamore Street. 26. In March, 1971, a number of alternative alignments in downtown Decatur were evaluated. 27. At the public hearing held on July 23, 1971, in the DeKalb County Courthouse, the present alignment along Sycamore Street was explained publicly. No objection was raised to the alignment, and support was voiced publicly for the downtown alignment. 28. The alignment proposed and approved in the 1971 referendum included a Moreland Avenue Station located partially over the proposed East Atlanta Tollway, with the east end of the station even with Battery Place. The Decatur Station was located at the old DeKalb County Courthouse, and the line east of the Courthouse was to follow Sycamore Street to N. Columbia Drive, where it would veer slightly south, going through the block between Sycamore Street and the Georgia railroad. 29. A composite report on the Rapid Transit System for Metro Atlanta, was published in September, 1971. That report, prepared in part by a grant for technical studies from the U. S. DOT summarized the findings and recommendations of consultants employed by MARTA in the development of a comprehensive, balanced transportation plan for Greater Atlanta. 30. A report prepared and distributed in July, 1972 by the Department of Community Improvement of the City of Decatur included a map of the proposed route through the block between Sycamore Street and the railroad. 31. The preparation of the Environmental Impact Statement took approximately one year to complete. In the course of its preparation, public meetings were held throughout the Atlanta area. In addition, there followed a final formal public hearing on November 13, 1972, at which a transcript was made. During this public hearing, the decision to locate the Decatur Station downtown was reviewed and Wiley S. Ansley, Mayor of Decatur, read a statement expressing support for the proposed downtown alignment. 32. Citizen involvement in Decatur culminated in January, 1973, with the completion of the Decatur Rapid Transit Impact Growth Strategy, prepared by a team of professionais (an architect/urban designer, city planner, economist, sociologists, transit consultant, and landscape architect) working together with a team of representative citizens and elected officials. The team produced recommendations for short and long-range goals, land use recommendations for the entire City, and urban design growth systems for the 2500 foot radius. This study which reaffirmed the decision to locate the Decatur Station and the rail alignment through Decatur in its present location was funded jointly by the Department of Transportation, ARC, and the City of Decatur. 33. In June, 1973, MARTA’s EIS was approved by UMTA. The EIS is a 504 page document which includes 1,981 pages of technical appendices. 34. The Inman Park residential community has been identified and determined to be a Historic District and pursuant to 16 U.S.C. § 470 has been placed on the National Register of Historic Sites. Plaintiff Inman Park first made application for placement on the National Register on or about October, 1970, and was placed on the National Register on July 23, 1973. The general boundaries of the Inman Park Community are as follows: DeKalb Avenue on the south, the now defunct 485 right-of-way land on the west, the northern side of Lake Avenue from Elizabeth Street to Waddell Street; the westerly side of Waddell Street between Lake Avenue and Edgewood Avenue, the southern side of Edgewood from Waddell Street to Krog Street, and the eastern side of Krog Street from Edgewood Avenue to the south side of DeKalb Avenue. 35. The federal defendants have authorized at least $800,000,000, pursuant to the Urban Mass Transit Act, for the eventual completion of the Atlanta system. As of July, 1975, the federal defendants had approved the expenditures by MARTA of $269,904,-333 for the construction of the Rapid Transit System. 36. The MARTA Rapid Transit System consists of fixed radial rapid transit tracks emanating from the Atlanta central city including an East Line which passes through the Inman Park area. The MARTA System also contemplates rapid bus-ways, as well as extensive feeder bus system. Located on the various rapid transit lines will be 37 rapid transit stations, including the Moreland Avenue Station, which is located in the Inman Park area on the East Line. 37. The MARTA mass transit program consists of ten phases of development: Phases 1, 2 & 3: acquire old Atlanta Transit System, expand bus service; Phase 4: Construct East Rail Line, West Rail Line; Phase 5: Construct Five Points Station, extend West Line, construct Proctor Creek Rail; Phase 6: Construct Central Rail south of Five Points and South Rail to Lakewood; Phase 7: Complete construction of Central Rail Line to Pershing Point Station; Phase 8: Construct Northeast Rail Line to Lenox Road; Phase 9: Extend East Line, West Line, South Line, Northeast Line; Phase 10: Extend Northeast, construct Northwest, Southwest. 38. The presently proposed MARTA station and rail alignment at Decatur Square requires the permanent taking of approximately 7890 square feet and the temporary taking of an additional 8775 square feet of the Courthouse grounds which contain a total of about 1.32 acres or 57,519 square feet. The old DeKalb County Courthouse is an historic monument of state significance and said Courthouse and grounds have been listed on the National Register of Historic Places since August 26, 1971. 39. The presently proposed MARTA rail alignment between the proposed Decatur Station and the proposed Avondale Station would require the taking of eight (8) Victorian-era homes on Sycamore Street and would adversely impact several others. 40. On July 26, 1971, the Georgia State Liaison Officer nominated the old DeKalb County Courthouse for inclusion on the National Register of Historic Places, recommending the significance of the same to be at the “state” level. 41. On August 26, 1971, the Keeper of the National Register of Historic Places certified that the old DeKalb County Courthouse was included on the National Register of Historic Places. 42. On August 5, 1975, David M. Sherman, Georgia State Historic Preservation Officer, in a letter to the United States Department of Interior Office of Archaeology and Historic Preservation, set forth his finding that both sides of Sycamore Street are eligible for nomination to the National Register. 43. By letter and attachments dated March 16, 1973, MARTA applied to the Department of Transportation for a grant under the Urban Mass Transit Act to assist in financing of the MARTA Rapid Transit System. 44. By letter dated June 29,1973, the Department of Transportation approved said application for such grant and entered into a grhht contract with MARTA pursuant tp ■which >MARTA Was authorized^ to,.proceed with its plan's for the construction of the proposed East Line. This grant contract included approval of land acquisition for all of the East Line, which includes the properties on Syeamore Street. 45. At the time of the 1971 referendum, the proposed Moreland Avenue Station had its eastern edge almost even with Battery Place. The Station was to be built on a bridge structure, over the site of the proposed East . Atlanta Tollway. Due to the continuing uncertainty of the Tollway there was a minor shift in the Moreland Avenue Station in 1973. At that time, the Station was shifted slightly eastward along the railroad tracks out of the Tollway right-of-way. 46. As recently as September 4, 1974, MARTA was notified by the Georgia Department of Transportation that the Department was still committed to construction of the East Atlanta Tollway. It was not until October 9, 1974, that the Department notified MARTA that it no longer planned to construct the Tollway. Likewise, only in October, 1974, did MARTA officials become aware that no funds would be available for construction of the Decatur Parkway. 47. The Transit Station Area Development Study for the Decatur Station Was completed November 18,1974. This Study evaluated the impact of the station upon the surrounding area. 48. Patronage studies of the Moreland Avenue Station have continued to indicate a need for the station. 49. Studies performed by MARTA consultants in early 1975 indicated that engineering constraints preclude the possibility of shifting the Moreland Avenue Station back into the East Atlanta Tollway right-of-way without impacting the buildings on the north sjdé of DeKalb Avenue. The maximum westward shirt feasible, whs found .to be 40 .feet. 50. In January, 1975, the Atlanta Regional Commission reported the status to date of its Transit Station Area Development Studies. These studies were financed in part by funds provided by UMTA. 51. Defendant MARTA completed additional plans and development for the Moreland Avenue Station in August, 1975, which represents a 30% degree of the station design. 52. The proposed Moreland Avenue Station will or may produce the following significant effects on the Inman Park Community: (a) Parking lots; (b) Additional noise; (c) Visual impact from the station, parking lots, power substation; (d) Increased air pollution; (e) Increased traffic through the Inman Park Community, including both additional automobile traffic and bus traffic directly caused by the presence of the Moreland Avenue Station; 53. In February, 1975, the federal defendants approved defendant MARTA’s Second Amendment to the Application for Capital Assistance. 54. In June, 1975, the federal defendant approved defendant MARTA’s Third Amendment to the Application for Capital Assistance. 55. In October, 1974, an agreement was entered into between MARTA and the City of Decatur whereby MARTA agreed to raise the level of the Decatur Station in order to conform to Decatur’s Transit Area Study and to conform MARTA’s plans with the goals identified in the Decatur Rapid Transit Impact Growth study. 56. In response to concerns expressed by Donald Mahaffey and SOS, alternatives to the present Sycamore Street alignment were evaluated by MARTA in early 1975. Study of one alternative, a Columbia Drive alignment, revealed that the eight residences in question on Sycamore Street would not be affected, but that other residences, including the Williams-Evans house which has been determined to be eligible for inclusion on the National Register of Historic Places would be destroyed and that a portion of the Decatur Recreation Center’s front yard would be lost. Another alternative, extension of the subway, would take the same residences as the presently proposed alignment, and would cost about $4.5 million dollars more. A third alternative, consists of the construction of a retaining wall to act as a buffer. 57. On May 27, 1975, the DeKalb County Board of Commissioners resolved to convey to MARTA easements for the construction and operation of the Decatur Station. 58. On August 14, 1975, the Keeper of the National Register of Historic Places declared Sycamore Street eligible for inclusion on the National Register of Historic Places as an historic district. 59. Concerns about the environmental impact of the MARTA System have evolved and the responses to them have been expressed in the following documents: (a) MARTA EIS. (b) Comments by City of Atlanta officials on Moreland Avenue Station. (c) Moreland-Inman Park-Reynoldstown Station Concept and Design Plans, City of Atlanta Planning Department, December, 1973 (funded in part by the Department of Transportation under Section 9 of the UMTA Act). (d) Letter from W. D. McEwen, MARTA Design and Engineering, to W. O. Salter, PBTB Project Director, September 20, 1974. (e) Conceptual Design Report for MARTA for Moreland Avenue Station. (f) EIS Criteria and Standards for the Environment Volumes I thru V. 60. Continuing studies on the environmental impact of the MARTA System and its components are being prepared. CONCLUSIONS OF LAW LACHES Defendants have asserted one affirmative defense that needs to be discussed prior to reaching the merits of the case. Relying mainly upon Clark v. Volpe, 342 F.Supp. 1324 (E.D.La.1972), aff’d. 461 F.2d 1266 (5th Cir. 1972), defendants assert that plaintiffs are barred from bringing the present actions by the equitable doctrine of laches. While it is true that the doctrine of laches is applicable to suits brought under NEPA, the Court does not find that the facts of these actions warrant the application of the doctrine of laches. The facts existing in Clark are inapposite to the situation sub judice. In Clark the plaintiffs were attempting to halt the construction of a highway through a park. When suit was finally initiated, construction through the park had already commenced to the point where 20-25% of the total work had been completed. The facts in the present eases show that, while defendants have already expended a great deal of money in buying land and preparing engineering reports, no on-site physical construction has been started on any of the areas directly affected by these actions. In Ecology Center of Louisiana, Inc. v. Coleman, 515 F.2d 860 (5th Cir. 1975), the Court set out the correct analysis to use in determining whether or not laches is applicable to a suit under NEPA. It noted that three independent criterion must first be met: (1) Defendants must show a delay in asserting a right or claim, (2) that the delay was not excusable, and (3) that there was undue prejudice to the party against whom the claim is asserted. In assessing the nature and the amount of prejudice resulting tó defendants the Court set out tw'o standards: (1) The amount of the aetual expenditures of the defendant agencies, and (2) the Congressional definitions of prejudice to agencies in a NEPA case. In other words, what are the real interests of the defendants. As stated by the- Court at page 868: Any agency action must be evaluated not only in terms of the cost of slowing transportation system development and funds committed in that pursuit, but also, in the cost of unnecessary environmental harm. As an example, in Clark the application of the doctrine of laches was proper where the defendants showed a high level of prejudice in that great amounts of money had already been expended, the planned transportation goals would be destroyed, and no environmental benefits would be enjoyed by stopping the project since much of the destruction of the park land had already been accomplished. On the other hand, the facts in the cases before the Court more closely parallel the factual situation in Coleman. Although, a great amount of money, time, and effort has already- been expended, when compared to the total amount to be spent on the MARTA project it represents only a small percentage. Further, since no actual physical construction has commenced on the segments now under dispute, there may still be great environmental benefits to be derived from the litigation of the present actions. Thus defendants have not shown “prejudice beyond a genuine question to the accomplishment of their statutorily charged duties.” Coleman at 869. As in Coleman, the Court does not need to find whether or not the first two criterion of laches have been met. However, the Court does note that the concept of MARTA and a rapid transit system for the metropolitan Atlanta area has been publically discussed since the early 1960’s. There have been innumerable public meetings at which MARTA’s proposed route has been presented and where members of the public have had the opportunity to object to the details of the MARTA route. The people of Fulton and DeKalb counties approved basically the present alignment of MARTA.' It is interesting to note that none of the named plaintiffs ever attended any public meeting or voiced any objection to the proposed MARTA alignment at any time prior to the approval by the federal defendants of MARTA’s Capital Assistance Grant. The entire idea of having public meetings from the inception was to allow public input into the detail planning of the MARTA route and to eliminate the necessity of suits as are presently pending. The Court finds it indeed unfortunate that plaintiffs did not take full advantage of the opportunities given them to influence the decision makers at a time when it would have been relatively easy and inexpensive for a compromise to be reached. CONCLUSIONS OF LAW NATIONAL ENVIRONMENTAL PROTECTION ACT NEPA has been the subject of much litigation since its enactment by Congress in 1969. It is well settled that it imposes upon administrative agencies of the United States government both procedural and substantive requirements which must be carried out prior to the commitment of federal money to a particular project. See e. g. Calvert Cliffs’ Coordinating Committee, Inc. v. United States Atomic Energy Commission, 146 U.S.App.D.C. 33, 449 F.2d 1109 (1971). The broad purpose of the Act is to require administrative agencies which are involved in the process of developing a project to consider the environmental impact of their actions during the decision-making process. Environmental Defense Fund, Inc. v. Corps of Engineers, 470 F.2d 289 (8th Cir.) cert. denied, 412 U.S. 931, 93 S.Ct. 2749, 37 L.Ed.2d 160 (1972). Substantive requirements have been found in Section 101 of the Act and procedural requirements in Section 102. Environmental Defense Fund, Inc. v. Corps of Engineers, 492 F.2d 1123 (5th Cir. 1974); Calvert Cliffs’, supra. The distinction between substance and procedure is important when viewed in terms of the Court’s power to review agency action. When an attack is made upon an agency’s decision to proceed with a particular project Court review is very limited. EDF v. COE, 492 F.2d at 1139. As stated by Judge J. Skelly Wright in Calvert Cliffs’ at page 1112: Thus the general substantive policy of the Act is a flexible one. It leaves room for a responsible exercise of discretion and may not require particular substantive results in particular problematic instances. NEPA does not require that a particular decision be reached, but only that all environmental factors be explored prior to reaching that decision. Scenic Hudson Preservation Conference v. Federal Power Commission, 453 F.2d 463 (2d Cir. 1971). The substantive decision of the agency is unreachable under NEPA as long as the agency does not abuse its discretion and its decision is not arbitrary. Calvert Cliffs’, supra. On the other hand whether or not an agency fulfilled the procedural requirements of Section 102 is much more susceptible to Court review. “Section 102 duties are not inherently flexible. They must be complied with to the fullest extent ..” Calvert Cliffs’ at 1115. In summarizing the review available under both sections the Court in Calvert Cliffs’ stated at page 1115: We conclude, then, that Section 102 of NEPA mandates a particular sort of careful and informed decisionmaking process and creates judicially enforceable duties. The reviewing courts probably cannot reverse a substantive decision on its merits, under Section 101, unless it be shown that the actual balance of costs and benefits that was struck was arbitrary or clearly gave insufficient weight to environmental values. But if the decision was reached procedurally without individualized consideration and balancing of environmental factors — conducted fully and in good faith — it is the responsibility of the courts to reverse. Although the standard imposed upon defendants is more stringent as to procedural matters, a number of courts have emphasized that NEPA does not require perfection in an EIS. In Natural Resources Defense Council v. Morton, 148 U.S.App.D.C. 5, 458 F.2d 827 (1972), the District of Columbia Circuit Court stated that NEPA does not impose unreasonable requirements, but calls only for true consideration of alternatives as realistic possibilities: So long as the officials and agencies have taken the “hard look” at environmental consequences mandated by Congress, the court does not seek to impose unreasonable extremes or to interject itself within the area of discretion of the executive as to the choice of the action to be taken. 458 F.2d at 838. The analysis of NRDF v. Morton was further amplified by the Eighth Circuit in Environmental Defense Fund v. Corps of Engineers, supra. The Eighth Circuit also emphasized the fact that the EIS cannot be expected to be perfect, quoting the language of the lower court opinion that: [i]t is doubtful that any agency, however objective, however sincere, however well-staffed, and however well-financed, could come up with a perfect environmental impact statement in connection with any major project. Further studies, evaluations and analysis by experts are almost certain to reveal inadequacies or deficiencies. 470 F.2d at 297. Thus, the Eighth Circuit rejected the notion that an EIS must be perfect; it substituted instead the notion that the decision maker must note all arguments and understand the serious environmental effects of all alternatives, calling for “good faith objectivity rather than subjective impartiality.” 470 F.2d at 296. The Fifth Circuit has endorsed the standard of “good faith objectivity” enunciated by the Eighth Circuit, in EDF v. COE, supra, in Sierra Club v. Lynn, 502 F.2d 43 (5th Cir. 1974). In light of these cases, the court must not hold an EIS to a standard of perfection; NEPA calls for a “hard look” at alternatives, taken in “good faith.objectivity.” Plaintiffs’ attack in the instant cases is based on the procedural requirements of Section 102 and as to the substantive decision only to the extent that it was based upon an insufficient EIS. However, it is important to note that an adequate EIS is only part of the total procedural process imposed by Section 102, which requires all agencies to: (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 Counsel on Environmental Quality established by subchapter II of this chapter, which will insure that presently unquantified 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. (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 NEPA § 102(2), 42 U.S.C. § 4332(2). Plaintiffs’ attack on the procedures is limited to subsections (A), (C) and (D). What is required by the defendants to comply with these subsections, and especially with the EIS, can be determined by looking at a number of factors. The timing of an EIS is an important consideration. The policy behind the Act, of course, is that federal agency officials would consider environmental effects of a project before it is commenced. City of Boston v. Volpe, 464 F.2d 254 (1st Cir. 1972). In fact, the EIS should occur prior to an agency’s commitment to a project. E.D.F. v. C.O.E., supra. (5th Cir.) Of course, a project must be of sufficient definiteness before a valid EIS can be made. Upper Pecos Association v. Stans, 452 F.2d 1233 (10th Cir. 1971). The balance to be struck has been articulated to be: Statements must be written late enough in the development process to contain meaningful information, but they must be written early enough so that whatever information is contained can practically serve as an input into the decision making process. Scientists’ Institute for Public Information v. Atomic Energy Commission, 156 U.S.App.D.C. 395, 481 F.2d 1079, 1094 (1973). Of utmost importance in ruling upon the NEPA issues presented to the Court is a determination of the proper scope of the EIS. Stated differently, are the requirements of NEPA fulfilled by a systemwide EIS or does NEPA require a separate statement to be done on individual units within the MARTA System? While the preparation of an EIS over an overly broad project may cause an inadequate and sketchy treatment of the environmental aspects of a project, problems also arise if a project is segmented into overly narrow portions. This can lead to the evaluation of segments in isolation of one another and create a misleading impression of the environmental aspects of a project. See Ecology Center of Louisiana, Inc. v. Coleman, supra. In an effort to articulate a test for the proper scope of an EIS, courts have enunciated a number of principles. The first of these is to look to the purpose or goals of the project. Basically, the test is a negative one; if the segment selected for evaluation within the EIS does not accomplish the purposes of the overall project, the segment being evaluated is too narrow. Only if the unit selected for evaluation has an independent purpose, or if it accomplishes the goals for which it was intended, can the benefits of the project be evaluated and weighed against all environmental aspects or results of the project. In Committee to Stop Route 7 v. Volpe, 346 F.Supp. 731 (D.Conn.1972), the court considered the appropriate unit of an expressway for environmental evaluation. Stating that the major objective of the project governs the unit selected for evaluation, the court held that since planners desired to connect two cities, the span between the cities would be an appropriate unit. 346 F.Supp. at 740. Likewise, in Sierra Club v. Callaway, 499 F.2d 982 (5th Cir. 1974), rejecting the contention that the appropriate unit for evaluation was not the Wallisville project (a dam at the mouth of the Trinity River in Texas), but the entire Trinity project (a navigation and flood control project extending along 363 miles of the Trinity River), the Fifth Circuit held that the Wallisville project alone had separate independent purposes, none of which related to or was dependent on the larger project. A second related principle is whether or not the scope of the EIS covered a separate viable entity. In Sierra Club v. Callaway, supra, the Fifth Circuit emphasized the fact that the Wallisville dam was an independent, useful project even if isolated from the entire Trinity River navigation project: Wallisville is a separate viable entity. It should be examined on its own merits. Although it has been-made compatible in certain of its features with Trinity it is not a mere component, increment, or first segment of Trinity. 499 F.2d at 990. In reaching its decision, the Fifth Circuit drew upon the reasoning of two highway cases in which it had been held that the segment of highway evaluated in an EIS must have an independent utility of its own; it cannot be an arbitrarily truncated section of expressway which cannot be used unless adjoining sections are also built. Indian Lookout Alliance v. Volpe, 484 F.2d 11 (8th Cir. 1973); Named Individual Members of the San Antonio Conservation Society v. Texas Highway Department, 446 F.2d 1013 (5th Cir.), cert. denied, 403 U.S. 932, 91 S.Ct. 2257, 29 L.Ed.2d 711 (1971). Finally, it has been indicated that the unit studied must be of sufficient scope that alternative courses of action within the segment studied are possible. The purpose of NEPA’s requirement of study of alternatives is to permit a balancing of environmental costs and benefits against economic and social costs and benefits for each alternative studied. If a project is piecemealed, placement and configuration of each unit is evaluated in isolation from all others, and evaluation of the overall impact of the system becomes impossible. For example, in Named Individual Members of the San Antonio Conservation Society v. Texas Highway Department, supra, a case involving a freeway which had been divided into three segments, the middle one of which passed through protected park lands, the Fifth Circuit recognized the ultimate effect of allowing such piecemealing in environmental studies: The frustrating effect such piecemeal administrative approvals would have on the vitality of section 4(f) [of the Department of Transportation Act of 1966] is plain for any man to see. Patently, the construction of these two “end segments” to the very border, if not into, the Parklands, will make destruction of further park-lands inevitable, or, at least, will severely limit the number of “feasible and prudent” alternatives to avoiding the Park. 446 F.2d at 1023. While the Court reached its result under § 4(f) of the Department of Transportation Act, the effect of segmentation under NEPA is exactly the same — the impossibility of complying with the requirement that alternative proposals be evaluated. The same reasoning was employed in Committee to Stop Route 7 v. Volpe, supra, in which the Court stated: With respect to a proposed highway, consideration of alternatives has two dimensions: an initial choice between building the highway or relying on existing routes or alternate means of transportation, and a subsequent choice among various alternative routes and designs. Consideration of the environmental impact of a small segment of a proposed route makes impossible adequate consideration of either set of choices. Alternatives to building an expressway are not brought into focus when consideration is given to just one segment. Moreover, placement of one segment tends to narrow the range of choices for placement of the remainder of the entire highway, thereby precluding adequate consideration of alternative routes. 346 F.Supp. at 740. The requirement of considering alternatives to proposed action is expressed both in subsection (C) and subsection (D) of Section 102. Courts have consistently reiterated that discussion of environmental alternatives need not be exhaustive, but discussion is sufficient if it “permit[s] a reasoned choice of alternatives so far as environmental aspects are concerned.” NRDC v. Morton, supra, at 836. The discussion of alternatives found in subsection (D) is in addition to the need to discuss alternatives in the EIS. EDF v. COE, supra. The Court feels that to a large extent the reasonableness of and sufficiency of discussion of alternatives in the EIS is governed by the scope of the EIS. In other words, alternatives should be geared to alternatives to the entire project covered by the EIS and not necessarily to individual components within the project. It is certainly not reasonable to expect an agency to conceive of every alternative to every component in a large government financed project. The treatment of alternatives must be in accordance with a rule of reason. Sierra Club v. Lynn, 502 F.2d 43, 62 (5th Cir. 1974). The Court believes that, as planning continues on a project, there is a definite requirement under subsection (D) to continue to review environmental impact of alternatives. Cf. NRDC v. Morton, supra. During this continuing review agencies and interested parties are in a better position to consider alternatives to finite components of a particular project. In summary, procedural compliance with NEPA can be found if an administrative agency, prior to committing federal funds to a project, utilizes a “systematic, interdisciplinary approach” to evaluate the environmental impact of a project and prepare an EIS which covers a unit which has an independent purpose, and in which reasonable alternatives to the unit covered by the EIS are discussed. In addition, an agency should continue to be alert to environmental problems even after the preparation of an EIS and institute a continuing review of alternatives as irreconcilable environmental problems arise. With this general standard in mind, the Court concludes none of the plaintiffs have shown to the Court that their claims under NEPA should be sustained. Tim meat of these claims is that the EIS conducted by the federal defendants did not sufficiently consider alternatives to the Moreland Avenue Station, the Decatur Station, or the alignment of tracks down Sycamore Street. Plaintiffs request that the defendants be required to supplement or conduct a new EIS prior to taking any further action. In the Court’s view, however, the present EIS is adequate, especially when considered as a statement over the entire MARTA System. The Court concludes that NEPA procedurally requires an EIS over the entire MARTA System and that such a study had to be done before the federal defendants had authority to commit any federal funds to the financing of MARTA. Any EIS over less than the entire system, or more especially over individual stations would have been contrary to the requirements of NEPA. Looking at the overall purpose of the MARTA project, it is clear that an individual station does not have an independent purpose of its own. In addition it is apparent that a station is not a “separate viable entity” and that an individual rapid transit station in isolation has no independent utility of its own. It only becomes functional when connected with other stations in a complete rail network. EIS on separate stations would greatly restrict the possibilities of alternatives. Alternative locations of one individual station have an impact upon all other stations on the line, for placement of the station is governed in part by the speed of the train, acceleration, and deceleration. Furthermore, placement of the station is affected by major traffic arteries, population concentrations, not to mention a variety of other factors. It is axiomatic that the lateral displacement of a station (to the north or south of the East Line rail corridor) will affect the placement of the rail corridor itself. As a result, evaluation of each individual station in isolation becomes not only impractical but impossible. The beneficial impact of altering the location of one station may be totally counterbalanced by the detrimental impact of the ripple effect because the changes in station location are felt in each direction along the line. Thus, evaluation of each individual station, far from advancing the purposes of NEPA, would actually defeat its purposes. A new review such as suggested by some of the plaintiffs “smacks of trying to dump the problem into someone else’s backyard.” Town of Groton v. Laird, 353 F.Supp. 344, 351 (D.Conn.1972). When the scope of the MARTA EIS is properly viewed as being over the entire system, the Court cannot find that the EIS did not sufficiently cover reasonable alternatives to the system. When in the process of making the decision as to whether or not to fund the MARTA project, the federal defendants had available to them an EIS which contained a detailed discussion of nine alternatives to the system. These alternatives included the basic all-rail system, the original rail system, the extended all-bus system, the busway/rail system, the busway/distributor system, the modified busway/rail systems, the commuter railroad system, and the “no-build system.” These alternatives provided the federal defendants with ample opportunity to evaluate and consider the relative merit of the approved system over reasonable alternatives to that system. The Court can find no evidence that the federal defendants abused any discretion in rejecting the alternatives and approving MARTA’s grant. In addition, to the required alternatives over the entire system, the MARTA EIS discussed numerous alternatives to routes and alignments when identifiable problems had arisen at the time of the writing of the EIS. Included in these alternatives is a discussion of the railroad alternative to the Decatur Station. This discussion placed before the federal defendants a comparison of the environmental impact of both the present Decatur alignment and the alternative railroad alignment. Although, the Moreland Avenue Station was not scrutinized specifically in the discussion of alternatives, the EIS does state that the More-land Avenue Station would be subjected to further environmental study. One of the problems with the detailed study of alternatives to each of the stations as proposed by the plaintiffs is the problem with timing. An EIS had to be prepared prior to a commitment by the federal defendants to the MARTA project. As a practical matter, however, the MARTA project as now envisioned, probably would not be built without the guarantee of federal money. The problem, therefore, is to prepare an EIS at a point where sufficient details are known but before great sums of public funds are spent on a project no one is sure can ever be completed because of the uncertainty over federal financing. The detail plaintiffs desire to be put into the EIS would require a statement to be written only after much of the specific engineering on each station had been completed. Yet, the more money spent on detailed planning, the more difficult it would be objectively to weigh the alternative of building or not building the system. One of the main thrusts of NEPA is that such a decision should be made before great expenditure of money. Plaintiffs also contend that even if the original EIS is found sufficient by the Court the federal defendants should be required to do a supplemental EIS on the various stations. As argued by Inman Park, the engineering design of the More-land Park Station is now 30% completed and consequently there is now more definite information on which to evaluate the impact of that station. NEPA itself does not mention the preparation of a supplemental EIS. The only basis for the preparation of a supplemental EIS is found in the Department of Transportation [DOT] Order 5610.1B, 39 Fed.Reg. 35234 (Sept. 30, 1974) which provides as follows: Supplemental or amended statements. Department officials may supplement or amend a draft or final environmental impact statement. When substantial changes are made in a proposed action, or where significant new information regarding its environmental impacts comes to light, the operating administration should secure the concurrence of TES as required under subparagraph 9c. In any case the operating administration should consult with CEQ [Council on Environmental Quality], through TES, with respect to the need for, or desirability of, recirculating the statement for the appropriate period. Plaintiffs argue that substantial changes have been made in the station plans for the Moreland Avenue Station thus requiring the preparation of a supplemental EIS. Furthermore, they contend that the more complete development of the station plans of both the Moreland and Decatur Station which has taken place comprises significant new information which requires the preparation of supplemental statements. What the plaintiffs are really urging is that a new EIS be prepared on each station at each level of planning development for that station. This is not what was contemplated by the enactment of NEPA, and if allowed, it would effectively prevent the future construction of any rapid transit system or other complex federally funded project. As has been stated above, the preparation of an EIS pursuant to NEPA is to be done at the early planning stages of a project of independent utility. The early stages at which the EIS must be done of necessity contemplates that all detailed planning for each component of the project unit will not have been completed at that time. Nevertheless, there is no requirement within NEPA for the preparation of a supplemental EIS. Instead NEPA requires a continuing interdisciplinary approach and continuing studies of alternatives in order to assure the proper integration of environmental concerns with economic and technical considerations throughout the project’s development. The Court apprehends that, considering the purposes of NEPA, the continuing program envisioned is far more desirable than a “one-shot,” “two-shot,” or “several-shot” EIS which, having been accomplished, would amount to license to build with no further environmental concern. The environmental impact is revealed in the EIS. Yet the decision to fund the project is no mandate that the impact not be deflected, less