ELR Citation: ELR 20842
No(s). 73-1853 (10th Cir. Aug 20, 1974)

The Tenth Circuit Court of Appeals finds that the question of whether the ongoing operation of the Glen Canyon Dam requires preparation of an environmental impact statement under NEPA is not ripe for judicial determination. There has as yet been no administrative determination by the Department of Interior as to the necessity of NEPA compliance regarding operation of the dam, and judicial review must await such an exercise of the agency's discretion under the statute. Plaintiffs, who are concessioners operating commercial float trips on the Colorado River below the dam, erred in seeking injunctive relief on the basis of breach of an implied contractual right due to intermittent reductions in the volume of water released from the dam. The only remedy available against the government for such an injury is an action for damages. A lower court's dismissal of the suit is affirmed.

Counsel for Plaintiffs
Constance K. Lundberg
Parsons, Behle & Latimer
79 South State Street
Salt Lake City, UT 84111

Owen Olpin Professor of Law
University of Utah
College of Law
Salt Lake City, UT 84112

Counsel for Defendants
Robert L. Klarquist
George R. Hyde
Department of Justice
Washington, DC 20530