ELR Citation: ELR 20160
No(s). 15,028 (4th Cir. Apr 6, 1971)

District court's preliminary injunction against timbering, road construction and prospecting for coal in the Otter Creek drainage of the Monongahela National Forest affirmed on appeal brought by federal defendant Forest Supervisor. Allegations of harm to aesthetic, conservational and recreational values indicate injury in fact within the zone of interests protected by the National Environmental Policy Act, 42 U.S.C. §§4321 and 4331 et seq., and the Wilderness Act, 16 U.S.C. §§1131 et seq., so as to satisfy standing requirements. The district court judge did not abuse his discretion in issuing the preliminary injunction.

Counsel for Plaintiff
Willis O. Shay
Steptoe & Johnson
Union Bank Bldg.
Clarksburg, WV 26302
(304) 624-5601

James W. Moorman
1600 20th Street, NW
Washington, DC 20036
(202) 387-4222

Frederick R. Anderson
1346 Connecticut Avenue, NW
Suite 614
Washington, DC 20036
(202) 659-8037

Counsel for Defendant Dorrell
Shiro Kashiwa Assistant Attorney General
Edmund B. Clark
Eva R. Datz Attorneys
Department of Justice
Washington, DC 20530
(202) 737-8200

Paul C. Camiletti U.S. Attorney
Wheeling, WV 26302
(304) 343-1042

Before HAYNSWORTH, Chief Judge, and WINTER and BUTZNER, Circuit Judges.