ELR Citation: ELR 20034
No(s). 4-72 Civ. 109 (D. Minn. Jul 31, 1972)

In a suit for injunctive relief against the development and operation of two nuclear plants for failure to file an environmental impact statement in conformity with the National Environmental Policy Act (NEPA), the court denies defendants' motion to dismiss and plaintiffs' motion for summary judgment. In denying the defense motion, the court holds that (1) there is federal question jurisdiction, (2) plaintiffs need not exhaust remedies, (3) the doctrine of sovereign immunity is inapplicable, and (4) plaintiffs have standing. In denying summary judgment, the court retains jurisdiction and concludes that, although continued construction and the issuance of operating and construction permits constitute "major federal action" within the meaning of §102(2) (C) of NEPA, injunctive relief pending the filing of an adequate environmental impact statement is inappropriate in view of the expense of delay.

Counsel for Plaintiffs
Howard Vogel
Michael Wolff
814 Flower Exchange Building
Minneapolis, MN 55415

Counsel for Defendants
Steven Talmer Assistant U.S. Attorney
596 U.S. Courthouse
Minneapolis, MN