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Allison v. Froehlke

Citation: 2 ELR 20357
No. No. A-71-CA-84, (W.D. Tex., 06/08/1972)

Plaintiff property-owner sought to enjoin defendant Corps of Engineers' construction of the Laneport dam and reservoir on the San Gabriel River. Held, that significant alternations in the project plans reducing reservoir capacity and the cost-benefit ratio and increasing project cost fourfold are within the margin of error provided by the language of the authorizing act, "substantially in accordance with the recommendations of the Chief of Engineers." The environmental impact statement provides sufficient information to alert a decision-maker to environmental problems and thus satisfies NEPA. Where defendant's computation of the cost-benefit ratio was 1.2 to 1, plaintiff failed to produce any evidence showing a violation of the statutory requirement that benefits exceed costs. Preliminary injunction denied.

Counsel for Plaintiff C. C. Allison
Richard A. Shannon
P.O. Box 593
Suite 400
First Federal Savings Building
Austin, Texas 78767

Counsel for Plaintiffs Save Our Streams, Texas Explorers' Club, Bob Burleson, and Travis Audubon Society
Lloyd Doggett
1414 City National Bank Building
Austin, Texas 78701

Counsel for Defendants
William M. Cohen
Land and Natural Resources Division
Department of Justice
Washington, D.C. 20530

William S. Sessions, U.S. Atty.
Harold O. Atkinson, Asst. U.S. Atty.
P.O. Box 1701
San Antonio, Texas 78296