ELR Citation: ELR 20664
No(s). SA72CA77 (W.D. Tex. May 21, 1973)

The Secretary of Housing and Urban Development filed an adequate NEPA statement in conjunction with his approval of the construction of a development over an underground reservoir. The court retains jurisdiction in order to insure compliance with the safeguards imposed on the developers. Although the request for an injunction is denied, the court finds that by bringing the suit the plaintiff performed a valuable public service justifying an award of attorney fees to be paid by the defendant developer. Plaintiff's service as a private attorney general is analogous to that of a plaintiff in a civil rights suit and attorney fees are to be awarded unless there are specific reasons for denial.

Counsel for Plaintiff
Bruce J. Terris
1908 Sunderland Place NW
Washington, DC 20036

Counsel for Federal Defendants
Hugh Shovlin Assistant U.S. Attorney
Box 1701
San Antonio, TX 78296

Counsel for Private Defendant
Siegel V. Wheatley
711 Navarro
San Antonio, TX 78205