ELR Citation: ELR 20130
No(s). LR-70-C-203 (E.D. Ark. Nov 16, 1970)

Plaintiffs obtained injunctive relief based upon the failure of the Chief of the Army Corps of Engineers and the Secretary of the Army to comply with the National Environmental Policy Act (NEPA) §§102(2)(C) and 102(2)(D) prior to their decision to execute contracts for the construction of an earth embankment dam across the Cossatot River in Arkansas. The decision to proceed, and administrative action pursuant to that decision, are enjoined. The two environmental impact statements filed by the defendants did not meet the requirements of §102(2)(C) for "detailed statements," and defendants have not properly studied, developed and described alternative uses of the natural resources that project would expend (§102(2)(D)). Since the administrators have not complied with NEPA, their actions are in excess of their statutory authority; therefore, an action against those administrators is not barred by the doctrine of sovereign immunity. NEPA is applicable even though this project was authorized in 1958 and preliminary construction on the dam site had already begun. The plaintiffs have not stated facts that under the present state of the law constitute a violation of their 5th, 9th or 14th Amendment rights so as to warrant the relief sought under 42 U.S.C. §1983. The rationale of the decision in Association of Data Processing Services v. Camp, 397 U.S. 150 (1970), together with Congress' recognition of the important role thath public benefit nonprofit organizations play in implementing NEPA, indicates that such organizations have standing to sue to enforce NEPA. Under 28 U.S.C. §1391(e) the federal judicial district in which one or more plaintiffs reside constitutes proper venue for a civil action against one or more officers of the United States.

Counsel for Plaintiffs
Richard S. Arnold
Arnold & Arnold
P.O. Box 1938
Texarkana, AR 75501
(501) 773-3187

Edward Lee Rogers
P.O. Drawer 740
Stony Brook, NY 11790
(516) 751-5191

Counsel for Defendants
W.H. Dillahunty U.S. Attorney
P.O. Box 1229
Little Rock, AR 72203
(501) 372-4361