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United Family Farmers, Inc. v. Kleppe

ELR Citation: 6 ELR 20758
Nos. No. 74-3016, 418 F. Supp. 591/9 ERC 1513/(D.S.D., 08/18/1976)

Completing the judgment against plaintiffs, the court finds for defendants in the remaining two causes of action in a suit to enjoin the Bureau of Reclamation from proceeding with the initial stage of the Oahe Diversion Unit of the Missouri River Basin Project. Plaintiffs had questioned the adequacy of the final NEPA environmental statement and the sufficiency of the agency's compliance with the Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970. On the NEPA issue, the court concludes that the environmental problems, such as the project's effect on the James River flow and quality characteristics and wildlife and soil impacts by the drainage system, were sufficiently discussed in the statement, including the recognition of the need for on-going studies, and this adequately alerted decision makers to the potential hazards. In addition, the court, citing Kleppe v. Sierra Club, rejects the claim that the statement for the initial stage was an improper segmentation of the entire project.

For list of plaintiffs' documents available, see ELR 65238.

Counsel for Plaintiffs
Martin Weeks
Bogue, Weeks & Rusch
National Bank Building
Vermillion SD 57069
(605) 624-2619

John Henry Davidson Jr.
School of Law
University of South Dakota
Vermillion SD 57069
(605) 677-5361

Counsel for Defendants
William F. Clayton, U.S. Attorney
Robert D. Hiaring Asst. U.S. Attorney
231 Federal Building
400 South Phillips Ave.
Sioux Falls SD 57102
(605) 336-2980

Andrew F. Walch
Division of Lands
Department of Justice
Washington DC 20530
(202) 739-4112

A.E. Bielefeld, Field Solicitor
Department of the Interior
P.O. Box 1538
Billings MT 59103
(406) 245-6711

Counsel for Intervenor Spink Irrigation District
Donald J. McClure
Gillette & McClure
28 East 7th Ave.
Redfield SD 57469
(605) 472-1210

Counsel for Intervenor West Brown Irrigation District
Thomas P. Tonner
Maynes & Tonner
505 South Washington St.
Aberdeen SD 57401
(605) 225-5772

Counsel for Intervenor Oahe Conservancy Sub-District
Raymond A. Gallagher
Gallagher & Battey
115 Main St.
Redfield SD 57469
(605) 472-2710

Counsel for Amicus Curiae Friends of Oahe, Inc.
Gerald M. McNeary
411 Capitol Building
Aberdeen SD 57401
(605) 225-9203