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SIERRA CLUB v. CAVANAUGH

No. CIV 77-4070.

447 F.Supp. 427 (1978)

SIERRA CLUB, a non-profit California Corporation, Plaintiff, v. Gordon CAVANAUGH, Individually and as Administrator, Farmers Home Administration, Jack Weiland, Individually and as South Dakota Director of Farmers Home Administration, Ronald L. Walker, Individually and as Secretary, Department of Agriculture of the United States, Minnehaha Community Water, Corp., a non-profit South Dakota Corporation, and South Lincoln Rural Water System, Inc., a non-profit South Dakota Corporation, Oak Trails, Inc., a corporation, Donald M. Frost and Gene Jones, dba F & J Enterprises, Robert W. Farrell, Ardel Prather, Leonard E. Shager and Lorna M. Shafer, Merrill Anderson and Joyce Anderson, Arther P. Rollinger and Marlene L. Rollinger, Defendants.

United States District Court, D. South Dakota, S. D.

March 23, 1978.

Attorney(s) appearing for the Case

John N. Gridley III, Sioux Falls, S. D., and H. Anthony Ruckel and William H. Haring, Denver, Colo., for plaintiff.

Robert D. Hiaring, Asst. U. S. Atty., Sioux Falls, S. D., for defendants Cavanaugh, Weiland and Walker.

Richard F. Staley, Sioux Falls, S. D., for defendant Minnehaha Community Water, Corp.

Eugene J. Irons and Jeff Masten, Canton, S. D., for defendant South Lincoln Rural Water System, Inc.

Richard O. Gregerson, of Woods, Fuller, Shultz & Smith, Sioux Falls, S. D. for defendants Oak Trails, Inc., Frost, Jones, Farrell, Prather, Shafers, Andersons and Rollingers.

MEMORANDUM DECISION

NICHOL, Chief Judge.

This is an action by the Sierra Club, brought pursuant to the National Environmental Policy Act, 42 U.S.C. section 4321 et seq. (NEPA). The Sierra Club seeks to enjoin further construction of and hook-up to two rural water systems until an environmental impact statement, (EIS), is prepared on each project.

The defendants include various federal agencies and their...

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