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Ohio ex rel. Brown v. Callaway

Citation: 3 ELR 20892
No. No. 8892, 364 F. Supp. 296/6 ERC 1629/(S.D. Ohio, 08/24/1973)

A preliminary injunction is issued prohibiting the Corps of Engineers from undertaking further environment-altering activities on two dam projects until an adequate environmental impact statement is filed. The court finds that two previously submitted impact statements do not meet the requirements of NEPA, and that there is therefore sufficient probability of success on the merits for the plaintiff to obtain an injunction. The court rules, however, that performance by private companies of three contracts for construction of an office building and the two dams and spillways may proceed, since the land involved has already been cleared, and performance will entail no further direct environmental damage. The court also notes that its ruling does not affect ongoing land-acquisition litigation concerning the two projects between the government and private land owners.

Counsel of Plaintiff
William J. Brown Attorney General
71 E. State Street
Columbus, Ohio 43215

William S. Fine
361 E. Broad Street
Columbus, Ohio 43215

counsel for Defendants
William A. Milliken U.S. Attorney
722 U.S. Courthouse
Cincinnati, Ohio 45202

Wallace H. Johnson Asst. Attorney General
Raymond Zagone
Irwin L. Schroeder
Department of Justice
Washington, D.C. 20530