ELR Citation: ELR 20658
No(s). 4218 (E.D.N.C. Jun 22, 1973)

In a case brought by an association of private citizens challenging an Army Corps of Engineers' dam project, the court refuses to enjoin mere acquisition of land by the Corps, and on a cross-motion refuses to enjoin the plaintiffs from cutting timber and otherwise damaging the land in the project area. While the Corps is preparing an updated environmental impact statement and confining activity to land acquisition to reduce costs should the project be finally approved, a preliminary injunction would be contrary to the public interest. Assuming without deciding that the court has jurisdiction to restrain private citizens from acts allegedly detrimental to the environment in the project area, the court denies an injunction because the defendant Corps has not shown sufficient likelihood that its proposed project will prevail on the merits.

Counsel for Plaintiffs
Robert Spearman
P.O. Box 389
Raleigh, NC 27602

Counsel for Defendant
John E. Lansche Assistant U.S. Attorney
P.O. Box 26897
Raleigh, NC 27611

Counsel for Intervenor, City of Raleigh
Howard E. Manning
P.O. Box 1150
Raleigh, NC 27602