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Centralia Prison Opposition Group v. Department of Justice

Citation: 8 ELR 20674
No. No. 78-3062, 12 ERC 1447/(S.D. Ill., 08/01/1978)

The court denies a request for injunctive relief against construction of a prison pending preparation of an environmental impact statement pursuant to the National Environmental Policy Act (NEPA). Plaintiffs have failed to demonstrate a likelihood of success on the merits of their claim that the proposed construction project is a major federal action for purposes of NEPA. Although federal funds will clearly be used to a significant degree in the operation of the prison, no showing has been made that there has been any significant degree of federal involvement in the design, construction, or site acquisition for this particular facility. The ultimate objective of NEPA is to influence the decision making of federal officials, not state officials supported in some way through federal funding. Plaintiffs' claim will likely be rejected on the merits, and preliminary injunctive relief is therefore inappropriate.

Counsel for Plaintiffs
Daniel Walker
Walker, Gende, Hatcher, Doyle & Giamanco
One W. Old State Capitol Plaza, Springfield IL 62701
(217) 525-2730

James M. Wexstten
P.O. Box 882, Mt. Vernon IL 62864
(618) 244-5737

Counsel for Defendants
Gerald D. Fines, U.S. Attorney; John Germeraad, Ass't U.S. Attorney
P.O. Box 375, Springfield IL 62705
(217) 525-4450

David C. Cannon, Jr.
Land and Natural Resources Division
Department of Justice, Washington DC 20530
(202) 739-2137

Harold Feldman, Ass't Attorney General
500 S. Second St., Springfield IL 62706
(217) 782-1090