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Smith v. Cookeville, City of

Citation: 5 ELR 20015
No. No. 74-10-NE-CV, 381 F. Supp. 100/(M.D. Tenn., 08/29/1974)

A proposed recreational development to be constructed in Cookeville, Tennessee, and partially funded by the U.S. Soil Conservation Service, is a major federal action significantly affecting the environment, and requires preparation of an environmental impact statement. The "environmental statement" submitted by the Department of Agriculture gave only cursory consideration to the project's impact in determining that an EIS was unnecessary. The court refuses, however, to enjoin planning activities and land acquisition, though it states that contracts entered into must include a provision stating that they are conditioned on NEPA compliance.

Counsel for Plaintiff
Joseph L. Lackey, Jr.
1822 Parkway Towers
404 James Robertson Parkway
Nashville, Tenn. 37219

Counsel for Defendants
John H. Poteet
105 S. Dixie Ave.
Cookeville, Tenn. 38501

Charles H. Anderson U.S. Attorney
801 Broadway
Nashville, Tenn. 37202