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Miller v. United States

Citation: 11 ELR 20991
No. No. 80-1660, 654 F.2d 513/16 ERC 1919/(8th Cir., 07/22/1981)

The court upholds the adequacy of an environmental impact statement (EIS) prepared by the Army Corps of Engineers for a municipal water supply facility. Pursuant to a specific congressional enactment, the Corps studied five potential dam sites and selected the Cypress Creek site as most suitable for providing the City of Conway, Arkansas with a water supply to replace a facility rendered inoperable by federal activities. The court rules that the Corps was not required to consider construction of a regional water supply facility since the congressional authorization was limited to construction of a smaller facility. The EIS need not discuss an alternate which is essentially an entirely different project.

Counsel for Appellants
H. Clay Robinson
Pryor, Robinson, Taylor & Barry
P.O Box 1584, Ft. Smith AR 72902
(501) 782-8813

Allen Gordon
Gordon & Gordon
P.O. Box 558, Morrilton AR 72110
(501) 354-0125

Counsel for Appellees
Kathryn A. Oberly
Land and Natural Resources Division
Department of Justice, Washington DC 20530
(202) 633-3906

George W. Proctor, U.S. Attorney
327 U.S. Cthse., P.O. Box 1229, Little Rock AR 72203
(501) 378-5342

Before HEANEY, HENLEY and ARNOLD, Circuit Judges.