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Environmental Defense Fund v. Hoffmann

ELR Citation: 7 ELR 20152
Nos. No. LR-71-C-199, 421 F. Supp. 1083/9 ERC 1706/(E.D. Ark., 03/22/1976) Dismissed

After four-and-a-half years of litigation, the district court finds the Corps of Engineers' environmental impact statement (EIS) for the Cache River channelization project in compliance with the National Environmental Policy Act (NEPA). Plaintiffs' original complaint resulted in an injunction, after the lower court was reversed by the Eighth Circuit, against further work on the project completion of a new EIS that fulfilled the requirements of NEPA. The court finds that the new EIS is a complete and objective review, including alternatives, of the project and the Corps has acted in good faith to satisfy NEPA. The court rejects plaintiffs' claims that the EIS fails to assess adequately the cumulative environmental effects of the project by finding that the EIS conclusions in this regard have an adequate scientific basis. In response to plaintiffs' arguments that the mitigation plan is too indefinite, the court finds nothing to indicate that the mitigation plan will not be accomplished. While the EIS need not be free of controversy, the court cannot conclude that the decision on the project was either arbitrary or capricious. The court, therefore, vacates the injunction and dismisses the complaint.

Counsel for Plaintiffs
G. William Lavender
Arnold, Arnold & Lavender
507 Hickory St.
P.O. Box 1938
Texarkana AR 75501
(501) 773-3187

Counsel for Defendants
W.H. Sonny Dillahunty, U.S. Attorney
P.O. Box 1229
Little Rock AR 72203
(501) 740-5342