Pokorny v. Costle

No. 78-0-474 (464 F. Supp. 1273, 12 ERC 1789) (D. Neb. February 2, 1979)

ELR Digest

The court affirms a decision of the Environmental Protection Agency (EPA) not to prepare an environmental impact statement and finds adequate the Agency's environmental impact appraisal concerning construction of a federally funded waste-water treatment facility. The proposed system includes two lagoons for sewage treatment storage and provides for the spraying of treated effluent over nearby alfalfa fields during the growing season. The court first rules that because plaintiff has made a prima facie showing that the administrative record is deficient for purposes of judicial review, it is proper for the court to examine extrinsic evidence. Because the new system will have two environmentally beneficial effects and virtually no adverse effects, however, the court upholds as reasonable the Agency's negative determination. In addition, although plaintiff has raised one or two items which the environmental impact appraisal might have addressed, these items are insignificant and cannot support judicial invalidation of the document.

The full text of this opinion is available from ELR (9 pp., $1.25, ELR Order No. C-1164).

Counsel for Plaintiff
Martin A. Cannon, Mary Cannon Veed
318 S. 19th St., Omaha NE 68102
(402) 341-1211

Counsel for Defendant
David A. Kubichek, Ass't U.S. Attorney
P.O. Box 1228, DTS, Omaha NE 68101
(402) 221-4774

Counsel for Intervenor City of Schuyler
Larry E. Welch
Gross, Welch, Vinardi, Kaufman, Day and Langdon
800 Omaha Towers, 2120 S. 72d St., Omaha NE 68124
(402) 392-1500

Donn K. Bieber, George E. McNally
Otradovsky & Bieder
1117 C St., Schuyler NE 68661
(402) 352-2330

Denney, J.

[OPINION OMITTED BY PUBLISHER IN ORIGINAL SOURCE]