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Natural Resources Defense Council v. Munro

ELR Citation: 11 ELR 20627
Nos. No. 75-344-RE, 520 F. Supp. 17/(D. Or., 05/15/1981) On remand

The court rules that due to enactment of the Pacific Northwest Electric Power Planning and Conservation Act, the Bonneville Power Administration (BPA) no longer needs to prepare an environmental impact statement (EIS) with respect to Phase 2 of its Hydro-Thermal Power Program (HTPP). The court had previously enjoined BPA from implementing Phase 2 of the HTPP, a long-range energy plan for the Pacific Northwest, pending completion of a programmatic EIS, 7 ELR 20662 and 10 ELR 20851. The court now holds that the Power and Conservation Act, which was enacted in December 1980, completely altered the plan contemplated by BPA under Phase 2 because the Northwest's energy needs will now be programmed by a Regional Planning Council, an entity distinct and separate from BPA. To enjoin BPA's acts under Phase 2 is no longer necessary or appropriate and would frustrate the purposes of the Act. The court therefore vacates judgment and dismisses the action.

Counsel for Plaintiffs
Ralph Cavanagh
Natural Resources Defense Council, Inc.
25 Kearny St., San Francisco CA 94108
(415) 421-6561

Joe D. Bailey
Landis, Aebi & Bailey
1516 Georgia-Pacific Bldg., Portland OR 97204
(503) 224-6532

Counsel for Defendants
Sidney I. Lezak, U.S. Attorney; Thomas C. Lee, Ass't U.S. Attorney
312 U.S. Cthse., P.O. Box 71, Portland OR 97207
(503) 221-2153