ELR Citation: ELR 20555
No(s). Misc. No. 979 (4th Cir. Sep 5, 1972)

There is little or no reason to require more than a nominal bond from plaintiffs who are seeking to enjoin a stream channelization project on the grounds that no adequate impact statement had been filed. The plaintiffs, who have no financial stake in the controversy, are acting as private attorneys general. Although the preliminary injunction (which was conditioned upon posting of a $75,000 bond) has been dissolved and an environmental impact statement has been filed, the plaintiffs have indicated their intention to attack the statement as inadequate; they should not again be met with the requirement of such a bond.

Counsel for Plaintiffs
J.G. Speth
Natural Resources Defense Council
1710 N Street, NW
Washington, DC 20036

Richard J. Wertheimer
Norton F. Tennille
Arnold & Porter
1600 20th Street, NW
Washington, DC 20036

Counsel for Defendants
John R. Hughes Assistant U.S. Attorney
P.O. Box 26707
Raleigh, NC 27611

Stewart Schoenberg Land & Natural Resources Division
U.S. Department of Justice
Washington, DC 20530