ELR Citation: ELR 20383
No(s). 72-1628 (8th Cir. Apr 20, 1973)

Issuance of an injunction under NEPA against environmentally damaging aspects of a construction project pending filing of an environmental impact statement does not necessarily require the cessation of other less harmful aspects of the same project. The court affirms a lower court holding permitting the completion of certain portions, primarily road and cemetery relocation, of the Truman Dam and Reservoir Project on the Osage River, while prohibiting any work which would affect river flow or the habitat of wildlife along the river. The court finds that the activities authorized by its order will result in minimal environmental damage and will provide significant economic benefits without substantially affecting the ultimate balance of costs and benefits to be assessed after the final impact statement is filed. For the opinion of the district court, see 2 ELR 20620.

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

Arthur A. Benson, II
1020 Commerce Tower
911 Main Street
Kansas City, MO 64105

Edward Lee Rodgers
162 Old Town Road
East Setauket, NY 11733

Counsel for Defendants
Eva Datz
Appellate Section, Land and Natural Resources Division
U.S. Department of Justice
Washington, DC 20530