ELR Citation: ELR 20120
No(s). 7720 (E.D. Tenn. Oct 25, 1973)

The final environmental impact statement for the partially completed Tellico Dam project complies with the requirements of NEPA, and a preliminary injunction against further construction is dissolved. The final EIS adequately discusses historial and archeological losses to be incurred by the project, family relocation, ecological impacts, water quality changes, and shoreline development. The statement's discussion of alternatives, although not definitive, is sufficient to satisfy NEPA given the fact that the project stands half-completed. The court notes that the agency is not required to compute in dollar figures every environmental cost and benefit, but merely to appropriately consider presently unquantified amenities. In addition, the court rules that although plaintiffs may challenge the agency's substantive decision to proceed with the project as being arbitrary under NEPA, the scope of review is such cases is narrow and questions concerning projected electric power and flood control benefits are legislative matters and not reviewable. For earlier decisions by this court and the Sixth Circuit Court of Appeals issuing and upholding the preliminary injunction, see 2 ELR 20044 and 2 ELR 20726.

Counsel for Plaintiffs
Robert L. Echols
Dearborn & Ewing
7th Floor Nashville Bank & Trust Building
Nashville, TN 37201

Jon T. Brown
Wallace L. Brown
Duncan & Brown
1700 Pennsylvania Avenue, NW
Washington, DC 20006

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

Counsel for Defendant
Robert H. Marquis General Counsel
Beauchamp E. Brogan
Justin M. Schwamm
Tennessee Valley Authority
Knoxville, TN 37901