ELR Citation: ELR 20225
No(s). 74-1139 (6th Cir. Feb 22, 1974)

The Sixth Circuit Court of Appeals affirms a lower court's ruling that the TVA's environmental impact statement for the partially completed Tellico Dam project constitutes an adequate compliance with the requirements of NEPA. The court notes that in assessing the statement's adequacy, practicability, and reasonableness must be taken into account along with the broad purposes of NEPA regarding environmental preservation. Such an assessment, the court points out, necessarily involves a balancing process when applied to a multipurpose project such as the Tellico Dam which entails considerable harm to the environment, but promises many off-setting economic and social benefits. The court also upholds the district court's finding that the project does not violate any other federal law, including the National Historic Preservation Act and the Federal Water Pollution Control Act Amendments of 1972. A preliminary injunction against further construction of the project is dissolved and the action is dismissed.

For the district court's opinion, see 4 ELR 20120. For earlier decisions by the district court and this court enjoining construction pending NEPA compliance, 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. Duncan
Fredrick D. Palmer
1700 Pennsylvania Ave., NW
Washington, DC 20006

Edward Lee Rogers
James Tripp
Lawrence R. Reno
Environmental Defense Fund, Inc.
162 Old Town Road
East Setauket, NY 11733

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