ELR Citation: ELR 20240
No(s). 74-C-304 (E.D. Wis. Mar 5, 1975)

The U.S. Forest Service is enjoined from proceeding with its planned application of the herbicides 2,4,5 T and 2,4 D to certain areas within the Nicolet and Chequamegon National Forests until a NEPA impact statement has been prepared. The project would irreparably damage the quality of the human environment by reducing wildlife populations, impairing the recreational value of the forests, destroying foods such as blackberries, and contaminating streams from which untreated drinking water is drawn. The court also notes that 2,4,5 T contains an inherent and toxic contaminant, TCDD, for which no level is known to be safe in environmental applications. The facts that legitimate alternatives to aerial spraying of the herbicides exist and that there has been substantial public controversy over the spraying project are further indications that an impact statement is required under NEPA.

Counsel for Plaintiff
John E. Kofron, Asst. Attorney General
Department of Justice
Madison, WI 53702

Counsel for Defendants
Eric J. Curtis, Regional Counsel
U.S. Dept. of Agriculture
Post Office Building
345 W. St. Paul Avenue
Milwaukee, WI 53203

William J. Mulligan, U.S. Attorney
Post Office Building
345 W. St. Paul Avenue
Milwaukee, WI 53202