ELR Citation: ELR 20686
No(s). 74-1011 (8th Cir. Jun 3, 1974)

The Eighth Circuit Court of Appeals affirms a lower court's ruling that the environmental impact statement for the Corps of Engineers' Truman Dam project on the Osage River adequately complies with the requirements of NEPA. The district court correctly refused to grant plaintiffs' request for a preliminary injunction against further work on the project since the EIS met the requirements of §102(2)(C) of the Act and also considered all appropriate alternatives to the project as required by §102(2)(D). In addition, the circuit court upholds the lower court's decision to tax plaintiffs for defendants' court costs in litigating the adequacy of the EIS.

Counsel for Plaintiffs
Arthur A. Benson, II
1024 Commerce Tower
911 Main Street
Kansas City, MO 64105

Counsel for Defendants
Eva R. Datz
Department of Justice
Washington, DC 20530

Lyman Field
Rogers, Field, Gentry, Benjamin & Robertson
600 E. 11th Street
Kansas City, MO 64106

F. Philip Kirwan
Margolin & Kirway
1000 United Missouri Bank Building
Kansas City, MO 64106