ELR Citation: ELR 20786
No(s). 73-1606 (4th Cir. Sep 18, 1973)

The court affirms a lower court ruling that the Corps of Engineers can proceed with the construction of a dam authorized under the Flood Control Act of 1946 without meeting the NEPA costbenefit ratio, since the project meets the cost-benefit criteria specified for the Flood Control Act by Congress. The Federal Water Pollution Control Act Amendments of 1972 do not apply to the dam since it is neither in the planning stage nor before Congress for authorization. But since NEPA does apply to the project, the district court was correct in ordering a supplementary impact statement that was to include the EPA Administrator's views that the Amendments were applicable and that no value for water quality storage could be assigned as a benefit in the dam project. For the district court opinion, see 3 ELR 20571.

Counsel for Plaintiffs
Gladys Kessler
Berlin, Roisman & Kessler
1712 N Street, NW
Washington, DC 20036

Counsel for Defendants
Dirk D. Snel
Land and Natural Resources Division
Department of Justice
Washington, DC 20530

Paul R. Thompson, Jr. Asst. U.S. Attorney
P.O. Box 1709
Roanoke, VA 24008

Erwin S. Solomon
Commonwealth Attorney
Hot Springs, VA 24445

William T. Wilson
Collins & Wilson
239 W. Main Street
Covington, VA 24426

James R. Saul Asst. City Attorney
300 City Hall
Richmond, VA 23219

William E. Carson City Attorney
P.O. Box 138
Covington, VA 24426