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Upper Pecos Ass'n v. Stans

Citation: 2 ELR 20085
No. No. 71-1411, 452 F.2d 1233/3 ERC 1418/(10th Cir., 12/07/1971) Aff'd

Where the Economic Development Administration is financing a road which will run through land under the control of the Forest Service, a finding by the court below that the Forest Service is the "lead agency" with responsibility for filing an environmental impact statement required by NEPA will not be disturbed on appeal. The Forest Service's continuing commitment to the course of action to build the road and its expertise support the finding that it is the lead agency. The NEPA Statement, which was filed some four months after the grant had been made and accepted, was timely. The Forest Service must still approve the location and specifications of the road before a right-of-way is granted; the final NEPA Statement will enter into the Forest Service's decision on whether to grant that easement, and therefore complies with the Act. In dissent, Murrah, C.J., argued that an impact statement prepared after the grant of funds did not permit the full consideration of environmental consequences which is required by NEPA. [For opinion below, see 1 ELR 20228 (D.N.M. June 1, 1971)]

Counsel for Upper Pecos Association
James B. Alley, Jr.
Mitchell, Mitchell & Alley
123 West Palace Avenue
P.O. Box 1932
Santa Fe, N. Mex. 87501

Counsel for Defendants
Peter R. Steenland Attorney
Department of Justice
Washington, D.C. 20530

Before Phillips, Murrah and Hill, C.J.J.