ELR Citation: ELR 20259
No(s). 71-92-Civ-J (M.D. Fla. Jan 31, 1974)

The termination of the Cross-Florida Barge Canal, ordered by President Nixon in 1971, is held to violate the separation-of-powers doctrine and NEPA. The Forest Service's environmental impact statement, which recommended the partial draining of an artificial lake that is part of the project, was invalid, as it was premised on the president's unlawful cancellation order, and it also failed to deal with the project as a whole. The president's refusal to spend $150,0000 appropriated by Congress for a full environmental review by the Corps of Engineers was an illegal impoundment of funds. Although expert witnesses for the government urged that unless the partial draining of the lake takes place, trees crucial to the area's ecology will die, the court finds that the lake has environmental value of its own and rules that an impact statement must be filed before the water level may be lowered. A preliminary injunction, issued at the request of canal proponents to prevent the government from lowering the water level, is made permanent, although the interlocutory order granting the preliminary injunction is currently on appeal before the Fifth Circuit Court of Appeals. The Office of Management and Budget is ordered to release the impounded funds, for completion of an EIS within six months. Until such an impact statement is filed, the Government may neither add to nor dismantle existing portions of the project. For the opinion of the Fifth Circuit Court of Appeals, holding that the district court applied incorrect standards in granting the preliminary injunction, see 4 ELR 20164.

Counsel for Plaintiff Canal Authority of the State of Florida
Ralph E. Elliott, Jr.
Frank C. Decker
Decker, Elliott & Kaler
Suite 1710, American Heritage Life Building
11 East Forsyth Street
Jacksonville, FL 32202

John H. Gullett
1250 Connecticut Avenue, NW
Washington, DC 20036

Willard Ayres
Greene, Ayres, Swigert, Cluster & Tucker
103 N.E. 1st Avenue
Ocala, FL 32670

Counsel for Plaintiff Environmental Defense Fund, Inc.
Jon T. Brown
Wallace L. Duncan
Environmental Defense Fund, Inc.
1525 18th Street, NW
Washington, DC 20036

Edward Lee Rogers General Counsel
Environmental Defense Fund, Inc.
162 Old Town Road
East Setaucket, NY 11733

Counsel for Federal Defendants
Wallace H. Johnson Asst. Attorney General
Jacques B. Gelin
Edmund B. Clark
Lands & Natural Resources Division
Department of Justice
Washington, DC 20530

John L. Briggs U.S. Attorney
John D. Roberts Asst. U.S. Attorney
U.S. Courthouse
311 W. Monroe Street
Jacksonville, FL 32202

Counsel for Plaintiff Jacksonville Port Authority
David U. Tumin Asst. City Counsel
David U. Livermore, Jr. Asst. City Counsel
City Hall
220 E. Bay Street
Jacksonville, FL 32202

Counsel for Plaintiff Cross-Florida Canal Association
Tracy Danese
Grissett, Humpheries & Danese
210 First Bank and Trust Building
231 East Forsyth Street
Jacksonville, FL 32202

Counsel for Individual Plaintiffs
William L. Eagan
Arnold, Matheny & Eagan
857 North Orange Avenue
Orlando, FL 32802

Ronald E. Clark
523 St. Johns Avenue
Palatka, FL 32077.