Committee Against Railroad Relocation v. Adams

No. PB-C-78-225 (471 F. Supp. 142) (E.D. Ark. April 24, 1979)

ELR Digest

The court denies plaintiff's request for injunctive relief and declaratory relief against the proposed rerouting of highway and rail routes through the City of Pine Bluff, Arkansas. At this stage in the federal decision-making process a draft but not a final environmental impact statement for the project has been prepared. No final federal action has been taken with respect to the project other than to fund preliminary planning studies. Finding that plantiff cannot establish a concrete injury until a final impact statement has been prepared, the court rules that the case does not present a justiciable controversy and dismisses the complaint.

The full text of this opinion is available from ELR (5 pp. $0.75, ELR Order No. C-1192).

Counsel for Plaintiff
Phillip Deisch, Bob Scott
Bruno, Sarver & Scott
Tower Bldg., Little Rock AR 72201
(501) 375-3203

Counsel for Defendant
John L. Munday
Highway & Transp. Dep't
P.O. Box 2261, Little Rock AR 72203
(501) 569-2211

Don N. Cundie, U.S. Attorney
P.O. Box 1229, Little Rock AR 72203
(501) 378-5342

Roy, J.

[OPINION OMITTED BY PUBLISHER IN ORIGINAL SOURCE]