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2,606.84 Acres of Land v. United States

ELR Citation: 1 ELR 20155
Nos. No. 1316, 402 U.S. 916/2 ERC 1623/(U.S., 04/19/1971)

Petition for certiorari denied without opinion. Justices Douglas and Black, in dissent, express concern that in preparing for the construction of the Benbrook Dam and Reservoir Project, authorized by Congress in 1945, the Army Corps of Engineers has exceeded its statutory authority by taking petitioner's land for unauthorized recreational purposes in connection with a dam and reservoir which will be in a different location and will be larger and more expensive than the project approved by Congress. The dissenters note that although this project is still in the preconstruction stages, the Corps has failed to comply with the requirement that an environmental impact statement be prepared under the National Environmental Policy Act, 42 U.S.C. §4332. Consequently, the dissenters would grant the petition for certiorari.

Counsel for Petitioners:
E. Barret Prettyman Jr.
Hogan & Hartson
815 Connecticut Avenue, NW
Washington, DC 20006
(202) 298-5500

Counsel for Respondents:
Erwin N. Griswold
Solicitor General
Department of Justice
Washington, DC 20530
(202) 737-8200