Legal Opinion

Save the Niobrara River Ass'n v. Andrus

District Court, D. Nebraska

Decided April 16, 1979No. CV75-L-96PublishedCited by 4 opinions

1Opinion of the Court

MEMORANDUM OF DECISION

URBOM, Chief Judge.

As a preface to an injunction, the plaintiffs ask for a declaration from the court that a Final Environmental Statement (hereinafter called FES) does not state carefully enough the environmental risks of the proposed Norden Dam and Reservoir on the Niobrara River near O’Neill, Nebraska. Following an analysis of a massive amount of documentary and oral evidence presented at the trial, a decision about making such a declaration can now be made.

JURISDICTION OF THE COURT

A federal question is presented, because the suit doubts that 42 U.S.C. § 4332(2)(C)…

2Cases cited17 opinions

  1. Natural Resources Defense Council, Inc. v. Rogers C. B. Morton, in His Official Capacity as Secretary of the Department of InteriorCourt of Appeals for the D.C. Circuit · 1972
  2. Environmental Defense Fund, Inc. v. Corps of Engineers of the United States ArmyCourt of Appeals for the Eighth Circuit · 1972
  3. Trout Unlimited v. MortonCourt of Appeals for the Ninth Circuit · 1974
  4. Environmental Defense Fund, Inc. v. Robert F. Froehlke, Secretary of the ArmyCourt of Appeals for the Eighth Circuit · 1972
  5. Sierra Club v. Rogers C. B. Morton, Shell Oil Company, Intervenors-AppelleesCourt of Appeals for the Fifth Circuit · 1975

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3Cited by4 opinions

  1. Association Concerned About Tomorrow, Inc. v. DoleDistrict Court, N.D. Texas · 1985
  2. Citizens to Preserve Wilderness Park, Inc. v. AdamsDistrict Court, D. Nebraska · 1981
  3. Collin County v. Homeowners Ass'n for Values Essential to NeighBorhoods (Haven)District Court, N.D. Texas · 1989
  4. Watershed Associates Rescue v. AlexanderDistrict Court, D. Nebraska · 1982

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