ELR Citation: ELR 20331
No(s). 1130 (E.D. Tenn. Dec 11, 1972)

In a suit to enjoin construction of the Duck River dam and reservior, the court dismisses constitutional claims, grants summary judgment in favor of defendant's claim under the Tennessee Valley Authority Act, and reserves judgment on a claim alleged under the National Environmental Policy Act (NEPA). The court concludes that (1) neither the Fifth, the Ninth, nor the Fourteenth Amendment contains an enforceable right to personal enjoyment of the natural environment, (2) federal defendants have complied with their statutory responsibility under the TVA Act to give written notice of the project to the Secretary of the Interior, and (3) the plaintiffs' affidavit denying that TVA has complied with all the procedural requirements of NEPA, while insufficient, leaves the issue in dispute.

Counsel for Plaintiff
Jon T. Brown
1700 Pennsylvania Avenue, NW
Washington, DC 20006

Edward Lee Rogers
Environmental Defense Fund
162 Old Town Road
East Setauket, NY 11733

Robert L. Echols
Bailey, Ewing, Dale & Conner
706 Nashville Bank & Trust Bldg.
Nashville, TN 37201

Counsel for Defendant
Robert Marquis
Tennessee Valley Authority
Knoxville, TN

Lon P. MacFarland
Upper Duck River Development Co.
104 West 7th Street
Columbia, TN 38401