Sierra Club v. Stamm

ELR Citation: ELR 20209
No(s). 74-1425 (10th Cir. Nov 29, 1974)

The Bureau of Reclamation's environmental impact statement for construction of the Strawberry Aqueduct and Collection System in Utah adequately fulfills the requirements of NEPA. The Strawberry System is a discrete major federal action, and not an integral or indivisible part of either the larger Bonneville Unit or the entire central Utah water diversion project. The EIS therefore need not consider all the environmental impacts of these larger projects, and was properly limited to an examination of the Strawberry System's effects. The court also rules that the EIS gave sufficient consideration to alternatives, and adequately covered the System's cost-benefit ratio, even though no dollar figure was fixed for either environmental losses or benefits. The lower court's dismissal of the complaint with prejudice is affirmed.

Counsel for Plaintiffs
Dennis F. Olsen
Curtis K. Oberhansly
Kinghorn, Oberhansly & O'Connell
12 Exchange Place
Salt Lake City, UT 84111

H. Anthony Ruckel
Sierra Club Legal Defense Fund, Inc.
209 16th Street
Denver, CO 80202

Counsel for Defendants
Dirk D. Snel
Raymond N. Zagone
Andrew F. Walch
Department of Justice
Washington, DC 20530

C. Nelson Day, U.S. Attorney
Federal Building
125 South State Street
Salt Lake City, UT 84111

Edward W. Clyde
Clyde, Mecham & Pratt
351 South State Street
Salt Lake City, UT 84111

Hugh W. Colton
Colton & Hammond
Vernal, UT 84078

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