ELR Citation: ELR 20185
No(s). 754 (E.D.N.C. Mar 15, 1972)

Soil Conservation Service stream channelization project is enjoined for failure to file a NEPA environmental impact statement. Because the project is a major federal action that would significantly affect the quality of the environment, mere study and modification of the project's impact does not satisfy the requirements of §102(2)(C). The duty to file an environmental impact statement is mandatory. Plaintiffs have standing to maintain this suit, and it is not barred by laches. The public interest in preserving the environment, together with the likelihood of plaintiffs' success on the merits warrants a preliminary injunction of the project, but plaintiffs are required to post a $75,000 injunction bond.

Counsel for Plaintiffs
John G. Shaw
Clark, Clark, Shaw & Clark
Fayetteville, NC

Richard Wertheimer
Norton F. Tennille Jr.
Arnold & Porter
1229 19th Street NW
Washington, DC 20036

J.G. Speth
Natural Resources Defense Council
1600 Twentieth Street NW
Washington, DC 20009

Counsel for Defendants
Warren H. Coolidge U.S. Attorney
John R. Hughes Asst. U.S. Attorney
U.S. Courthouse
Raleigh, NC

Stewart Schoenberg Attorney
U.S. Department of Justice
Washington, DC 20530