ELR Citation: ELR 20579
No(s). 1130 (E.D. Tenn. Mar 21, 1973)

The court reconsiders its previous interpretation and holds that NEPA's requirements are not merely procedural, but also necessitate a cost-benefit balancing that gives ample weight to environmental values. The court declines to substitute its judgment for that of TVA as to the necessity of the Duck River dam project. For the earlier opinion of the court, see 3 ELR 20331.

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