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Howard v. EPA

Citation: 2 ELR 20745
No. No. 72-C-30-H, 4 ERC 1731/(W.D. Va., 09/14/1972)

A suit challenging the construction of a sewage treatment plant on grounds that the defendant failed to comply with the National Environmental Policy Act of 1969 (NEPA) and took property without just compensation in violation of the Fifth Amendment to the U.S. Constitution, and defendant is granted summary judgment. There is no need to draft an environmental impact statement where the project involved will have no adverse effect upon the environment. The Environmental Protection Agency has no obligation to compensate incidental damage resulting from the setting of water quality standards by a state water control board.

Counsel for Plaintiff
Donald Litten
218 E. Market Street
Harrisonburg, Va.

Counsel for Defendant
Paul R. Thomson, Jr. Asst. U.S. Attorney
P.O. Box 1709
Roanoke, Va. 24408
Lee Stewart
Department of Justice
10th and Pennsylvania Avenue, N.W.
Washington, D.C.