[DOWNLOAD] "Environmental Defense Fund Inc. v. Callaway" by United States Court of Appeals for the Eighth Circuit " eBook PDF Kindle ePub Free

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eBook details

• Title: Environmental Defense Fund Inc. v. Callaway
• Author : United States Court of Appeals for the Eighth Circuit
• Release Date : January 03, 1974
• Genre: Law,Books,Professional & Technical,
• Pages : * pages
• Size : 62 KB

Description

This action arises under the National Environmental Policy Act of 1969 (NEPA), 42 U.S.C. § 4321 et seq., and presents the issue of whether or not an Environmental Impact Statement (EIS) filed under section 102 of NEPA is adequate to meet the requirements of that statute. The district court held that the EIS was adequate and refused to give the plaintiffs the injunctive relief they sought. We affirm that decision. This litigation centers around the Harry S. Truman Dam and Reservoir Project being built by the U. S. Army Corps of Engineers (Corps) on the Osage River in west central Missouri. Originally the plaintiffs brought an action in the District Court for the Western District of Missouri seeking a declaration that an EIS was required for the project under NEPA and also seeking to enjoin all activities on the project until one was properly filed. District Judge John W. Oliver agreed that an EIS should be filed but refused to enjoin all ongoing activities related to the project. Environmental Defense Fund, Inc. v. Froehlke, 348 F. Supp. 338 (W.D. Mo. 1972). Plaintiffs appealed to this Court, claiming that an injunction against all ongoing activities should have been issued. This Court affirmed Judge Oliver's decision. Environmental Defense Fund, Inc. v. Froehlke, 477 F.2d 1033, 1037 (8th Cir. 1973).

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