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Natural Resources Defense Council v. Tennessee Valley Auth.

Citation: 2 ELR 20152
No. No. 72-1119, 459 F.2d 255/3 ERC 1976/(2d Cir., 03/27/1972) Rev'd with directions to dismiss for lack of proper venue

Venue for a suit brought to challenge the TVA's strip mined coal purchasing policies by environmental membership corporations with their principal place of business in New York and California does not lie in the Southern District of New York under 28 U.S.C. § 1391(e). The district court's denial of defendants' motion to dismiss for improper venue (1 ELR 20634) is reversed. Section 1391(e), which permits suits against federal officials in the judicial district in which the plaintiff resides was not intended to apply to an action against a locally based federal business corporation such as the TVA but only to actions against federal officials which preiously could have been brought only in the District Court for the District of Columbia.

Counsel for Plaintiffs
Richard M. Hall
John H. Adams
36 W 44th Street
New York, N.Y. 10036

William A. Butler
1712 N Street N.W.
Washington, D.C. 20036

Gifford Woody Carter & Hays
One Wall Street
New York, N.Y. 10005

Counsel for Defendants
Thomas A. Pederson Solicitor
Tennessee Valley Authority
Knoxville, Tennessee

Robert H. Marquis General Counsel
Tennessee Valley Authority
Knoxville, Tennessee

Justin M. Schwamm
Harry C. Batchelder, Jr.
Mudge Rose Guthrie & Alexander
20 Broad Street
New York, N.Y. 10005

Before: FRIENDLY, Chief Judge, TIMBERS, Circuit Judge, and JAMESON, District Judge.*