ELR Citation: ELR 20823
No(s). 72-1833 (7th Cir. Oct 2, 1973)

A grant of summary judgment in favor of the Corps of Engineers regarding the adequacy of an EIS for a flood control dam project is affirmed, after the court finds that the Corps objectively and comprehensively considered the project's environmental consequences. The district court should have reviewed the agency's substantive decisions in the EIS on the merits to determine whether they are in accord with NEPA; but rather than remand the case, the appeals court undertakes this review itself, and concludes that the Corps' decisions were neither arbitrary nor capricious, and thus may not be overturned. Plaintiffs do not have standing to challenge the project on the basis that the Corps failed to obtain assurances of cooperation from towns downriver from the dam, as required by the Flood Control Act of 1962, since the plaintiffs' interest is only in the stretch of river above the project.

Counsel for Plaintiffs
Frank M. Turkheimer
122 Quarterdeck Drive
Madison, WI 53705

Counsel for Defendants
John O. Olson U.S. Attorney
P.O. Box 112
Madison, WI 53701

Kent Frizzell Asst. Attorney General
Department of Justice
Washington, DC 20530