Protect Our Parks, Inc. v. Buttigieg

Ct. of Appeals denied plaintiffs’ request for issuance of injunction that would preclude City from beginning construction on Obama Presidential Center in Jackson Park, Chicago during pendency of plaintiffs’ appeal of Dist. Ct.’s order that denied their request to enjoin City from beginning construction on said Center. Record showed that: (1) defendants had concluded that construction of Center at said site would have only insignificant effect on environment that would not require environmental impact statement, and that site constituted least damaging alternative with respect to environment; and (2) neither defendant-agency had authority with respect to decision to place Center in Jackson Park. Ct. of Appeals rejected plaintiffs’ claim that defendants should have made instant environmental assessment when considering possibility that Center could be placed at different site. It also concluded that: (1) it owed deference to defendants-agencies with respect to their determination of scope of project; and (2) neither defendant need make environmental assessment with respect to placement of project that was outside their authority. Also, Ct. held that plaintiffs were unlikely to overcome deference owed to defendants regarding their substantive judgments regarding environmental impact, especially where defendants reasonably determined that unaffected 500-plus acres of Jackson Park would provide wildlife with comfortable environment during construction of Center.