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JAMES RIVER FLOOD CONTROL ASS'N v. WATT

Civ. No. 81-1012.

553 F.Supp. 1284 (1982)

JAMES RIVER FLOOD CONTROL ASSOCIATION; Raymond Braun; Alfred Locken; William Oliver, Plaintiffs, v. James WATT, Secretary, United States Department of Interior; in his Official Capacity; Robert Broadbent, Commissioner, Bureau of Reclamation, in his Official Capacity; D.L. Krull, Project Manager, Bureau of Reclamation, in his Official Capacity, Defendants, Board of Directors, Garrison Diversion Conservancy District, Intervenor-Defendants.

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

December 22, 1982.

Attorney(s) appearing for the Case

Thomas E. Klinkel, Richardson, Groseclose, Kornmann, Wyly, Wise & Klinkel, Aberdeen, S.D., for plaintiffs.

Andrew F. Walch, Atty., Land & Natural Resources Div., Dept. of Justice, Washington, D.C., Dawn Bowen, Asst. U.S. Atty., Pierre, S.D., for Federal defendants.

Murray G. Sagsveen, Zuger & Bucklin, Bismarck, N.D., for intervenor-defendants.

Charles K. Dayton, Pepin, Dayton, Herman, Graham & Getts, Minneapolis, Minn., for amicus National Audubon Soc.

MEMORANDUM OPINION

DONALD J. PORTER, District Judge.

CASE SUMMARY

Plaintiffs seek injunctive and declarative relief, claiming violations of the National Environmental Policy Act, 42 U.S.C. § 4321 et seq. (NEPA) and that defendants are constructing a major irrigation project without authorization from Congress. The Court finds the challenged environmental statements to be adequate, and that defendants are still proceeding within the scope of...

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