ELR Citation: ELR 20001
No(s). 72-1427 (8th Cir. Dec 14, 1972)

The Court of Appeals for the Eighth Circuit reverses a judgment denying injunctive relief against the construction of the Cache River Project. The court holds, inter alia, that the existing environmental impact statement is defective because it is conclusory and inadequately deals with alternatives. The court concludes that, in view of the lack of express provision to the contrary, an appropriations act does not exempt a decision to complete a project from substantive review. The dismissal of counts alleged under the Water Bank Act and the Fish and Wildlife Coordination Act is affirmed because the former lacks enforceable standards and the latter is duplicative of the National Environmental Policy Act (NEPA). Finally, the court determines that the preamble to the Flood Control Act of 1936 is not a basis for continuing judicial evaluation of costs and benefits.

Counsel for Plaintiffs
Richard S. Arnold
Arnold & Arnold
507 Hickory Street
P.O. Box 1938
Texarkana, AR 75501

Counsel for Defendants
Glen R. Goodsell
Department of Justice
10th and Pennsylvania Avenue, NW
Washington, DC

Counsel for Intervenors
G.D. Walker
Frierson, Walker & Snellgrove
Frierson Building
P.O. Box 1346
Jonesboro, AR 72401