ELR Citation: ELR 20360
No(s). 74-8-2 (S.D. Iowa Feb 26, 1974)

Laches bars a suit to enjoin, until a final NEPA impact statement has been filed, further pool clearing and construction on a dam project on which $48 million has thus far been expended and which is approximately two-thirds completed. Plaintiffs let pass the dates of the passage of NEPA,the instigation and conclusion of an earlier lawsuit, the circulation of the draft EIS, a public meeting, and the initial advertising for the clearing contract before bringing this action. Considering that an injunction would mean at least a one-year delay in the project at a cost of $13 million, the court finds that plaintiffs' delay was unreasonable, that there has been detrimental reliance by defendants both in awarding contracts and in continuing construction, and that it would therefore be inequitable to allow plaintiffs to proceed. Even if laches did not bar the action, injunctive relief would be inappropriate in this case since NEPA, as applied to an ongoing project, contemplates a balancing of interests, and total stoppage of a project at such an advanced stage of completion in most instances is not a reasonable alternative that must be considered.

Counsel for Plaintiffs
Gordon E. Allen
1000 College Street
Des Moines, IA 50314

Counsel for Defendants
Allan L. Donielson U.S. Attorney
113 U.S. Courthouse
Des Moines, IA 50309