The full Supreme Court has upheld the order of Justice William O. Douglas, who in his capacity as Circuit Justice for the Ninth Circuit stayed further work on the Warm Springs dam project in Sonoma County, California.¹ The stay will remain in effect pending a decision by the Ninth Circuit on the merits of environmentalists' claims that the environmental impact statement (EIS) prepared by the Corps of Engineers was inadequate. Although the district court rejected the plaintiffs' assertions,² and the district and circuit courts refused to grant a stay, Justice Douglas gave greater weight to the opinions expressed by the Council on Environmental Quality and the Environmental Protection Agency. Both organizations felt that the Corps' EIS left unanswered serious questions regarding the environmental consequences of the dam. CEQ's role in the case suggests that the Council is moving—successfully—toward greater activism in overseeing NEPA.

Some $35,000,000 has already been spent on the project,³ which if completed will impound the waters of a major tributary of the Russian River. The dam was designed in 1967, but site preparation did not begin until 1971. Plans call for an earth structure 320 feet high requiring the excavation of 1.9 million cubic yards of fill from the valley walls. This fill will be dumped into the streambed, blocking the river and forming a reservoir. The dam's intended function is to protect downstream areas from flooding and to increase recreational facilities and water supplies for the residents of Sonoma County.