ELR Citation: ELR 20840
No(s). 5-74-7 (D. Minn. Jun 6, 1974)

The court enjoins further construction on a dam project because the environmental impact statement prepared by the Soil Conservation Service failed to comply with the requirements of NEPA and the Council on Environmental Quality's Guidelines for the preparation of such statements. The EIS did not adequately disclose and discuss the effects of inundating some of the islands, which are covered with mature white pine, situated in an existing lake at the proposed dam site. The statement also failed to discuss the effect of flooding archeological sites upstream from the proposed dam, or to examine several alternatives to the project, including the possibility of strengthening and making permanent an existing temporary dam. The court does find, however, that the commenting procedures utilized by the SCS in preparing the impact statement afforded the public an adequate opportunity for comment and participation.

Counsel for Plaintiffs
Howard J. Vogel
Grain Exchange Building
Minneapolis, MN 55415

Counsel for Defendants
Donald F. Paar, U.S. Attorney
U.S. Courthouse
Minneapolis, MN 55401

Norman J. Loren Kanabec County Attorney
Angstman & Loren
28 N. Union Street
Mora, MN 55051