Jump to Navigation
Jump to Content

Environmental Defense Fund v. Corps of Eng'rs

Citation: 2 ELR 20260
No. No. LR-70-C-203, (E.D. Ark., 03/22/1972) Objectivity of EIS

Congress, in placing the responsibility for preparation of environmental impact statements upon the agency proposing the action, has required that the agency make a good faith effort to comply with NEPA. Agencies may meet that good faith standard even if their employees personally are "anti-environmentalist" and have unshakable, preconceived attitudes concerning the project under consideration. All NEPA requires is good faith compliance so that the alternatives and arguments and counter-arguments may accompany the recommendation through the decision-making process. The fact that the District Engineer responsible for preparing the environmental impact statement on the Gillham Dam on the Cossatot River allegedly made a speech including such statements as "I assure you these three dams are going to be built" is no grounds for holding the environmental impact statement invalid.

Counsel for Plaintiffs
Richard S. Arnold
Arnold & Arnold
P.O. Box 1938
Texarkana, Arkansas 75501

Edward Lee Rogers
P.O. Drawer 740
Stony Brook, New York 11790

Counsel for Defendants
W.H. Dillahunty U.S. Attorney
P.O. Box 1229
Little Rock, Arkansas 72203