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Concerned Land & Natural Resource Owners, Inc. v. Seamans

Citation: 8 ELR 20891
No. No. 77-3116-H, (S.D. W. Va., 10/26/1978)

The court enjoins further work on undisturbed areas of a secondary oil recovery project partially funded by the Energy Research and Development Administration (ERDA) pending preparation of an environmental impact statement. The court finds that promotion of the project by ERDA is a major federal action for purposes of the National Environmental Policy Act. The court decides that unless an injunction is issued, irreparable injury will probably result to the undisturbed project area. The injunction does not apply, however, to that part of the project area already disturbed by drilling and surface excavation. In the exercise of its discretion, the court dismisses the pendent claims of nuisance and trespass and directs that they be tried in state court.

For a summary of plaintiffs' documents filed in this case, see ELR PEND. LIT. 65461 and 65491.

Counsel for Plaintiffs
David R. Wooley
Appalachian Research and Defense Fund, Inc.
1116-B Kanawha Blvd., East, Charleston WV 25301
(304) 344-9687

Joel Shifman
P.O. Box 65, Griffithsville WV 25521
(304) 524-7221

Counsel for Defendants
Joseph Goodwin, C.E. Goodwin
Goodwin, Goodwin, Bryan & Lobert
1717 Charleston Nat'l Plaza, Charleston WV 25301
(304) 346-0321

Rebecca A. Betts, Ass't U.S. Attorney
P.O. Box 3284, Charleston WV 25332
(304) 345-2200