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Environmental Defense Fund v. Froehlke

Citation: 2 ELR 20620
No. No. 20164-1, 348 F. Supp. 338/4 ERC 1541/(W.D. Mo., 09/13/1972)

Congress did not create a mandatory right to injunction for a NEPA violation. Even though the Army Corps of Engineers has not yet prepared a draft or final environmental impact statement for the Truman Dam and Reservoir Project on the Osage River in Missouri, plaintiffs' motion for temporary and permanent injunction is denied. Defendants' have demonstrated their good faith throughout the proceeding. They have agreed by stipulation to follow certain methods and procedures to prepare a statement. All parties have agreed to a decree permitting a carefully designed amount of construction to continue pending review by Congress of an appropriate environmental impact statement. The issuance of a blanket injunction stopping all construction would not speed the preparation or enhance the probabilities that a sufficient statement will be prepared, and continuation of construction will not necessarily result in substantial environmental damage. The court will retain jurisdiction to assure that the required methods and procedures are followed.

Counsel for Plaintiffs
Arthur A. Benson, II
1020 Commerce Tower
911 Main Street
Kansas City, Missouri64105

Edward Lee Rogers
162 Old Town Road
East Setauket, New York 11733

Counsel for Defendants
David M. Proctor, Jr. Ass't. U.S. Attorney
U.S. Courthouse
811 Grand Ave.
Kansas City, Missouri 64106

Irwin L. Schroeder Attorney
Department of Justice
Washington, D.C. 20537

Counsel for Intervenor-Defendants
Lyman Field
600 East 11th St.
Kansas City, Missouri 64106