ELR Citation: ELR 21001
No(s). SA 90 CA 146 (W.D. Tex. Jul 9, 1990)

The court holds that the Army Corps of Engineers did not violate the National Environmental Policy Act (NEPA), the Federal Water Pollution Control Act (FWPCA), or the National Historic Preservation Act (NHPA) in issuing an FWPCA §404 permit for construction of a dam and reservoir. The court holds that the Corps complied with NEPA and FWPCA §404(b)(1)(4) guidelines by adequately examining the cumulative impacts of the project. The court holds that the Corps did not violate the NHPA because it adequately completed the NHPA's procedural requirements and imposed special conditions on the FWPCA §404 permit. The court also holds that the plaintiffs are not entitled to a preliminary injunction because they are unlikely to prevail on the merits. The court concludes that a lack of water in the future would be a great disservice to the public interest and far outweighs any threatened injury to the plaintiffs.

Counsel for Plaintiffs
Lloyd Garza
City Attorney's Office
P.O. Box 9066, San Antonio TX 78705
(512) 299-8940

Counsel for Defendants
John W. Davidson, Russell S. Johnson, Rand J. Riklin
613 Northwest Loop 410, Ste. 1000, San Antonio TX 78216
(512) 349-6484

Charles R. Meyer, Gary B. Randall, Kenton W. Fulton
Environment and Natural Resources Division
U.S. Department of Justice, Washington DC 20530
(202) 514-2000