Texas Committee on Natural Resources v. Resor

Civil Action No. 549 (E.D. Tex. June 29, 1971)

Further construction of the Cooper Dam and Channels Project on the Sulphur River preliminarily enjoined because the Corps of Engineers, in disregard of the requirements of NEPA, 42 U.S.C. §§ 4321 and 4331 et seq., did not develop procedures which incorporated an interdisciplinary approach to decision-making and which would have assured appropriate consideration of environmental values and the adequate study and description of alternatives to the proposed project. A detailed statement describing the environmental impact of the project was not filed.

Counsel for Plaintiffs:
Bill Kugle
P.O. Box 152
Athens, Texas 75751
(214) 675-5151

Counsel for Defendants:
Roby Hadden U.S. Attorney
C. Houston Abel Asst. U.S. Attorney
Tyler, Texas 75701
(214) 597-8146

[1 ELR 20466]

Wayne, J.:

FINDINGS OF FACT AND CONCLUSIONS OF LAW ON PRELIMINARY INJUNCTION

Findings of Fact

1.The past occurrences specified in Defendant, Stanley R. Resor's, Memorandum in Opposition to Plaintiff's Complaint for Preliminary Injunction are hereby found to be facts.

2. The statements of future requirements and proposed actions set forth in said Memorandum are hereby found to be factual insofar as they reflect plans of the Defendant.

3. Insofar as the Cooper Dam and Channels Project is concerned, the Corps of Engineers has failed to utilize a systematic interdisciplinary approach, which will insure the integrated use of the natural and social sciences and the environmental design arts in planning and in decisionmaking which may have an impact on man's environment.

4. The Corps of Engineers has failed to identify and develop methods and procedures in consultation with the Council on Environmental Quality established by Subchapter 2 of 42 U.S.C., Section 4321 et sequitur, which will insure that presently unqualified [sic] environmental amenities and values may be given appropriate consideration in decision-making, along with economic and technical considerations.

5. The Corps of Engineers is here dealing with a major Federal action significantly affecting the quality of human environment.

6. The Corps of Engineers has failed to prepare a detailed statement which deals with the environmental impact of the proposed action, and adverse environmental effects which cannot be avoided should the proposal be implemented, alternatives to the proposed action, the relationship between local short-time uses of man's environment and the maintenance and enhancement of long-term productivity, insofar as the Cooper Dam and Channels Project is concerned, or with reference to such project, any statement relating to any irreversible and irretrievable commitments of resources which would be involved in the proposed action should it be implemented.

7. The Corps of Engineers has failed to adequately study, develop and describe appropriate alternatives or to recommend courses of action with relation to this project.

8. The Corps of Engineers has failed adequately to assist the Council on Environmental Quality, established by Subchapter 2 of the Act with reference to the Cooper Dam and Channels Project.

Conclusions of Law

1. There is a strong showing in this Hearing that the Plaintiffs are likely to prevail upon the Merits of the Case.

2. The Plaintiffs will be subjected to irreparable injury without interim relief provided by this Court.

3. The facts in this case do not justify imposing a bond on Plaintiffs.

PRELIMINARY INJUNCTION

This cause having been heard on May 25, 1971, on the motion of plaintiff for a preliminary injunction and the Court having considered the verified complaint, the testimony submitted in support of and inopposition to said motion and the arguments of counsel and being fully advised of the premises and; (a) it appearing to the Court that the defendants named, and each of them, threaten to commit the acts complained of and hereinafter set forth as enjoined hereby; and (b) that unless said acts are enjoined, irreparable injury may result to plaintiffs; and (c) that good cause appears for this order, and (d) that the granting of a preliminary injunction is not the cause of costs or damages to defendants, or any of them:

NOW, THEREFORE, PENDING FURTHER ORDER OF THE COURT, IT IS HEREBY ORDERED, ADJUDGED AND DECREED AS FOLLOWS:

1. Defendants STANLEY R. RESOR and William Crumpecker & Sons, Inc., and each of them individually and in their respective official capacities, and their respective successors, subordinates, agents, servants, employees and attorneys and all persons in active concert and participation with them be and they hereby are restrained and enjoined from doing any of the following acts: proceeding any further or authorizing any person to proceed further in any construction or on-site work relating to the Cooper Lake and Channels Project of the United States Corps of Engineers; obligating or disbursing any funds to William Crumpecker & Sons, Inc., for the continuation of any such work; and committing any other physical interference with, or disturbance of, the terrain within the perimeters of the Cooper Lake and Channels Project, including the river, sloughs, other waters, trees, other plants, animals and all other physical features located thereon; provided, however, that this shall not be deemed to preclude the continuation by the U.S. Corps of Engineers of land purchases in the proposed Cooper Lake purchase area which do not involve any disturbance of the said terrain or physical features.

2. That no bond is required in connection with this injunction.