ELR Citation: ELR 20529
No(s). C-184-D-71 (M.D.N.C. Feb 5, 1974)

The court enters a consent judgment providing for limitations on road facilities and conservation pool construction on the B. Everett Jordan Dam project and for the completion of a supplementary water quality environmental impact statement. The judgment also provides a further opportunity for judicial review upon completion of the supplemental EIS but prior to the creation of the lake. In the case of any such review, the party objecting to project completion will bear the burden of proof that the decision was arbitrary, capricious, and an abuse of discretion, or otherwise not in accordance with the law. For earlier opinions by this court and the Fourth Circuit Court of Appeals, see 2 ELR 20155, 2 ELR 20159, 3 ELR 20132, and 4 ELR 20062.

Counsel for Plaintiffs
Norman B. Smith
Smith, Carrington, Patterson, Follin & Curtis
704 Southeastern Bldg.
Greensboro, NC 27401

Claude V. Jones
1110 Central Carolina Bank Bldg.
111 Corcoran St.
Durham, NC 27701

Emery B. Denny, Jr.
Post Office Box 962
Chapel Hill, NC 27514

Counsel for Defendants
Ronald Shearin Asst. U.S. Attorney
U.S. Post Office & Courthouse Bldg.
324 West Market St.
Greensboro, NC 27401