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Fresno, County of v. Andrus

Citation: 8 ELR 20179
No. No. F-77-202-Civ., (E.D. Cal., 01/04/1978)

The court issues a preliminary injunction prohibiting the defendants from conducting further rule-making proceedings to implement the acreage limitation provision of the federal reclamation laws until an environmental impact statement (EIS) has been prepared and filed. Defendants' proposed regulations, if put into effect, would have significant adverse environmental effects in the form of increased desertification and pesticide use, substantial overdrafts of groundwater, and shifts in population and land use patterns. Plaintiffs, which include irrigation districts and owners of irrigated land, have demonstrated that they are likely to succeed on the merits of their claim that an EIS is required and that they will suffer irreparable harm if defendants are not restrained until one is prepared.

Counsel for Plaintiffs
Owen Olpin, Charles W. Bender, John F. Daum, Neil M. Soltman
O'Melveny & Myers
Suite 3800, 611 W. 6th St., Los Angeles CA 90017
(213) 620-1120

Counsel for Defendants
Richard W. Nichols, Chief Ass't U.S. Attorney
650 Capitol Mall, Rm. 2058, Sacramento CA 95814
(916) 440-2331

Gary J. Fisher
Department of Justice, Washington DC 20530
(202) 739-2847