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Ohio ex rel. Brown v. Callaway

Citation: 4 ELR 20492
No. No. 73-2119, 497 F.2d 1235/6 ERC 1633/(6th Cir., 06/06/1974) Aff'd in part, rev'd in part

The court affirms a lower court ruling which allowed limited construction to continue on the Caesar Creek and East Fork dam projects despite the insufficiency of the NEPA impact statement, but reverses the district court's refusal to permit certain conservation groups, affected property owners, and a contractors association to intervene. The determination that the EIS was inadequate did not divest the lower court of discretion to permit further specified project activity under the general principles of equity. The district court did not abuse this discretion by finding that enjoining this activity would substantially harm the contractors while continued construction would not significantly add to the harm already done to the environment. Dispositive of the intervention issue is the fact that the Federal Water Pollution Control Act confers upon any citizen an unconditional right to intervene under Rule 24(a)(1) in an action by a state to enforce the Act. The court finds that all the applicants for intervention in this case have the requisite interest to be considered citizens within the meaning of Sierra Club v. Morton.

For the district court's opinion see 3 ELR 20892.

Counsel for Plaintiff
William J. Brown Attorney General
William S. Fein Asst. Attorney General
71 East State Street, Room 210
Columbus, Ohio 43215

Counsel for Defendants
William W. Milligan U.S. Attorney
722 U.S. Courthouse
Cincinnati, Ohio 45202

James E. Rattan Asst. U.S. Attorney
302 Federal Building & Courthouse
Columbis, Ohio 43215

Wallace H. Johnson Asst. Attorney General
Raymond Zagone
Edmund B. Clark
Irwin L. Schroeder
Department of Justice
Washington, D.C. 20530

Charles G. Heyd
Bauer, Morelli & Heyd
503 Executive Building
Cincinnati, Ohio 45202

Louis F. Gilligan
Keating, Muething & Klekamp
Provident Tower
Cincinnati, Ohio 45202

John A. Jenkins
Roger L. Sabo
Knepper, White, Richards & Miller
150 East Broad Street
Columbus, Ohio 43215