ELR Citation: ELR 20807
No(s). 72-1428 (9th Cir. Sep 21, 1973)

A district court's dismissal of a suit to enjoin further dam construction on the lower Snake River is remanded for a determination of whether the relief sought would actually work an intolerable burden on governmental functions, and thus outweigh any alleged private harm. If not, plaintiffs' allegations that the Corps exceeded its authority by failing to comply with the requirements of NEPA and the Fish and Wildlife Coordination Act bring the action under a recognized exception to the sovereign immunity doctrine, and the Administrative Procedure Act provides a basis for relief. As an additional ground for remand, the court notes the issues presented by defendants' assertions that a NEPA impact statement has been filed and that a wildlife enhancement plan is being prepared as required by the Wildlife Coordination Act.

Counsel for Plaintiffs
Lawrence C. Smith
Smith, Smith & Smith
615 Spokane & Eastern Building
601 W. Riverside Avenue
Spokane, Washington 99201

Counsel for Defendants
Dean C. Smith U.S. Attorney
U.S. Court House
920 W. Riverside Avenue
Spokane, Washington 99201