Environmental Defense Fund v. Tennessee Valley Auth.
Citation: 2 ELR 20726
No. No. 72-1138, 468 F.2d 1164/4 ERC 1850/(6th Cir., 12/13/1972) Aff'd
The Court of Appeals for the Sixth Circuit upholds the validity of a preliminary injunction against further construction on the partially complete Tellico Dam Project, grounding its decision upon defendants' failure to file an environmental impact statement in compliance with the requirements of § 102 (2) (C) of the National Environmental Policy Act of 1969 (NEPA). The court holds inter alia that the organizational plaintiff all have standing but remands as to the Environmental Defense Fund so that the district court may determine if the plaintiff must amend its complaint so that it sufficiently alleges "injury in fact" to its own members. Further, in concluding that an environmental impact statement is required, the court decides that the continuing construction of the Tellico project, commenced prior to the date that NEPA became effective, is a "proposal for action" and that annual appropriation requests are "proposals for legislation." Finally, the court finds sufficient irreparable harm to warrant the issuance of a preliminary injunction in the continuing denial of rights under NEPA.
Counsel for Plaintiffs
Jon T. Brown
1700 Pennsylvania Avenue
Washington, D.C. 20006
Counsel for Defendants
Beauchamp Brogan Assistant General Counsel
Tennessee Valley Authority