ELR Citation: ELR 20617
No(s). 71-79S (D.S.D. Nov 11, 1971)

Defendants enjoined from continuing work on highway project through city of Vermillion until environmental impact statement required by §102(2)(C) of NEPA is filed. Although better rule is that NEPA applies retroactively, citing 1 ELR 50048, such a holding is not necessary for decision where final design approval did not occur until July, 1970, and contract for construction was not let until October, 1970. Students whose campus town will be affected by project may bring this action in their own capacity and as representatives of class of students, 80 percent of whom opposed project according to campus ballot, even though guardian ad litem not appointed until after action commenced. Mere passage of time does not suffice to support dismissal for laches. Student plaintiffs have shown likelihood of irreparable injury necessary to support injunction.

Counsel for Plaintiffs:
Lee McCahren
3 Prospect St.
Vernillion, SD 57069
(605) 624-4440

Counsel for federal Defendants:
R.D. Hurd Assistant U.S. Attorney
State Capitol
Pierre, SD 57501
(605) 224-3011

Counsel for state defendants:
Carl W. Quist
Larry M. Von Wald Assistant Attorney Generals
State Capitol
Pierre, SD 57501
(605) 224-3011

Counsel for City of Vermillion, intervenor Defendant:
Martin Weeks
202 National Bank Building
Vermillion, SD 57069
(605) 624-2619