ELR Citation: ELR 20634
No(s). 71 Civ. 919 (S.D.N.Y. Dec 8, 1971)

Venue for a suit challenging TVA's policy of purchasing strip-mined coal without first complying with the National Environmental Policy Act (NEPA) of 1969 lies in the Southern District of New York under 28 U.S.C. §1391(e). One of the plaintiffs resides in the district and the suit does not involve "any real property." The TVA authorizing statute, which merely declares TVA residence in the Northern District of Alabama for venue purposes, does not create an exception to the general provisions of §1391(e). Private coal producers who have contracted to sell strip-mined coal to TVA are not indispensable parties to this suit under Fed. R. Civ. P. 19(b) because (1) judgment in their absence will not prejudice their interests and (2) they possess no special knowledge concerning TVA compliance with NEPA which would help illuminate the issues in this case.

Counsel for Plaintiffs
Richard M. Hall
36 West 44th Street
New York, NY 10036
(212) 986-8310

William A. Butler
162 Old Town Road
East Setauket, NY 11753
(516) 751-5191

Gifford, Woody, Carter & Hays
1 Wall Street
New York, NY 10005
(212) 344-0470

Counsel for Defendants
Robert H. Marquis General Counsel
Tennessee Valley Authority
Knoxville, TN 37902
(619) 522-7181

Mudge, Rose, Guthrie & Alexander
20 Broad Street
New York, NY 10005
(212) 422-6767