ELR Citation: ELR 20666
No(s). A-1146 (Douglas, Circuit Justice Jun 17, 1974)

Supreme Court Justice William O. Douglas, sitting in his capacity as Circuit Justice for the Ninth Circuit, stays, pending appeal by plaintiffs to the circuit court, a district court order allowing construction of the Warm Springs Dam project to proceed. The stay is granted largely on the basis of a letter from the General Counsel of CEQ to the Corps of Engineers which stated that the project's EIS was clearly deficient for failing to consider the dangers of seismic activity at the dam site and the leaching of mercury and asbestos intothe waters of the reservoir. Despite the fact that the district court held the impact statement adequate, Justice Douglas accords the CEQ appraisal sufficient weight to warrant the stay since the Council is the agency charged with the administration of NEPA. [For the district court's opinion, see 4 ELR 20661.] See also Comment, Supreme Court Ushers in New Era for CEQ 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
Robert H. Bork Solicitor General
Department of Justice
Washington, DC 20530

Counsel for Intervenors Sonoma County Water Agency and Sonoma County
James P. Botz County Counsel
Thomas B. Sawyer Deputy County Counsel
2555 Mendocino Road
Santa Rosa, CA 95401