ELR Citation: ELR 20466
No(s). 1395-71 (D.D.C. Sep 21, 1971)

Where environmental impact statement filed by Army engineer district on April 20, 1971, in connection with the Tennessee-Tombigbee Waterway project was identical to general plan and profile set forth in first design memorandum approved by the Corps on April 12, 1962, where Corps indicated that it is in the process of preparing a full evaluation of the project's environmental impact, and where the award of contracts and commencement of work would subject those concerned about avoiding environmental degradation to irreparable injury for which no adequate remedy at law exists, plaintiffs are entitled to preliminary injunction against any further work on the project. Planning, development and construction of the Tennessee Waterway is a major federal action significantly affecting the quality of the human environment. Plaintiffs must file bond for payment of costs and damages as may be suffered by any party found to have been wrongfully or unlawfully restrained in the amount of one dollar.

Counsel for Environmental Defense Fund, Inc.:
John T. Brown
Duncan and Brown
Suite 990
1700 Pennsylvania Avenue, NW
Washington, DC 20006
(202) 296-4325

Richard S. Arnold
Arnold and Arnold
P.O. Box 1938
Texarkana, AR 75501
(501) 773-3187

Counsel for Corps of Engineers:
Irwin Goldbloom
Special Litigation Counsel
Civil Division
Department of Justice
9th & Pennsylvania Avenue, NW
Washington, DC 20530
(292) 739-3446