ELR Citation: ELR 20661
No(s). C-74-0649 SW (N.D. Cal. Jun 1, 1974)

The environmental impact statement for the proposed Warm Springs Dam in California satisfies the requirements of NEPA since it thoroughly discusses and reveals the potential environmental effects of the project and its alternatives. The court therefore denies plaintiffs' motion for a preliminary injunction against further construction. The EIS adequately examines the dangers of seismic activity at the dam site and of mercury and other poisons leaching into the waters of the reservoir from an abandoned mine that will be inundated. The statement also adequately sets forth and considers the project's logical alternatives. The court admits, however, that the EIS' treatment of potential archeological sites in the area to be flooded has certain deficiencies, but notes that the Corps has pledged to undertake a thorough survey of the sites prior to inundation in order to remedy these shortcomings.

For Justice Douglas' ruling staying this court's order pending appeal by plaintiffs to the Ninth Circuit, see 4 ELR 20666. See also Comment, Supreme Court Ushers in New Era for ECQ in Warm Springs Case, 4 ELR 10130 (Sept. 1974).

Counsel for Plaintiffs
Robert L. Henn
Angell, Adams & Holmes
200 Bush Street
San Francisco, CA 94104

Paul Kayfetz
P.O. Box 310
Bolinas, CA 94924

Counsel for Defendants
Rodney Hamblin U.S. Attorney
450 Golden Gate Avenue
San Francisco, CA 94102

Thomas B. Sawyer Deputy County Counsel
2555 Mendocino Road
Santa Rosa, CA 95401