Jump to Navigation
Jump to Content

Sierra Club v. Stamm

Citation: 5 ELR 20209
No. No. 74-1425, 507 F.2d 788/7 ERC 1245/(10th Cir., 11/29/1974)

The Bureau of Reclamation's environmental impact statement for construction of the Strawberry Aqueduct and Collection System in Utah adequately fulfills the requirements of NEPA. The Strawberry System is a discrete major federal action, and not an integral or indivisible part of either the larger Bonneville Unit or the entire central Utah water diversion project. The EIS therefore need not consider all the environmental impacts of these larger projects, and was properly limited to an examination of the Strawberry System's effects. The court also rules that the EIS gave sufficient consideration to alternatives, and adequately covered the System's cost-benefit ratio, even though no dollar figure was fixed for either environmental losses or benefits. The lower court's dismissal of the complaint with prejudice is affirmed.

Counsel for Plaintiffs
Dennis F. Olsen
Curtis K. Oberhansly
Kinghorn, Oberhansly & O'Connell
12 Exchange Place
Salt Lake City, Utah 84111

H. Anthony Ruckel
Sierra Club Legal Defense Fund, Inc.
209 16th Street
Denver, Colo. 80202

Counsel for Defendants
Dirk D. Snel
Raymond N. Zagone
Andrew F. Walch
Department of Justice
Washington, D.C. 20530

C. Nelson Day U.S. Attorney
Federal Building
125 South State Street
Salt Lake City, Utah 84111

Edward W. Clyde
Clyde, Mecham & Pratt
351 South State Street
Salt Lake City, Utah 84111

Hugh W. Colton
Colton & Hammond
Vernal, Utah 84078