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James River Flood Control Ass'n v. Watt

Citation: 12 ELR 20756
No. No. 81-1012, (D.S.D., 05/18/1982)

The court grants a preliminary injunction against defendants' acquisition of land and construction for the initial stage of the Garrison Diversion Unit in the West Oakes area of North Dakota. The court first concludes that plaintiffs are likely to succeed on the merits of their claim that the project will violate the National Environmental Policy Act (NEPA). Next the court finds that the plaintiffs have shown that they will be irreparably harmed by construction of the project. It also appears that the public interest will be severely harmed if construction of the challenged project proceeds in spite of defendants' likely NEPA violations. Finally, the court finds that any injury to defendants from halting the project during the pendency of this case is outweighed by the probability of harm to the plaintiffs and to the public interest.

Counsel for Plaintiffs
Thomas E. Klinkel
Richardson, Groseclose, Kornmann, Wyly, Wise & Klinkel
P.O. Box 489, Aberdeen SD 57401
(605) 225-6311

Counsel for Defendants
Don Bowen, Ass't U.S. Attorney
425 Fed. Bldg. & U.S. Cthse., Pierre SD 57501
(605) 224-5420

Andrew F. Walch
Land and Natural Resources Division
Department of Justice, Washington DC 20530
(202) 633-4080

Counsel for Intervenors
Murray G. Sagsveen, Special Ass't Attorney General
Zuger & Bucklin
P.O. Box 1695, Bismarck ND 58502
(701) 223-2711