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Ausable Manistee Action Council, Inc. v. Stump

ELR Citation: 26 ELR 20352
Nos. No. 1:94-CV-500, 883 F. Supp. 1112/(W.D. Mich., 03/31/1995)

The court holds that the U.S. Army, the Michigan Department of Military Affairs, and the National Guard Bureau (agencies), did not violate the National Environmental Policy Act (NEPA) in deciding to construct a tank firing range at a National Guard training facility, and not to issue a supplemental environmental impact statement (EIS) for the project. The court first holds that the agencies' final EIS for the firing range does not violate NEPA. The EIS adequately addressed relevant scientific studies, mitigation measures, and cumulative environmental impacts. Moreover, the EIS properly discussed a scheduled study of alleged contamination at the proposed site. Reasonable siting alternatives were properly considered and found to be prohibitive. The court also holds that the agencies did not violate NEPA by failing to issue a supplemental EIS for the project. There were no significant new circumstances to warrant the issuance of a supplemental EIS, and allegations that the agencies should have issued a supplemental EIS rely on erroneous assumptions and factors previously addressed in the final EIS.

Counsel for Plaintiffs
Peter L. Gustafson
Warner, Norcross & Judd
900 Old Kent Bldg.
111 Lyon St. NW, Grand Rapids MI 49503
(616) 752-2000

Counsel for Defendants
George M. Elworth, Ass't Attorney General
Attorney General's Office
Law Bldg.
525 W. Ottawa St., Lansing, MI 48909
(517) 373-1110