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NATURAL RESOURCES DEFENSE COUN., INC. v. TENNESSEE VAL. AUTH.

No. 71 Civ. 919.

340 F.Supp. 400 (1971)

NATURAL RESOURCES DEFENSE COUNCIL, INC., et al., Plaintiffs, v. TENNESSEE VALLEY AUTHORITY, and Aubrey J. Wagner, Chairman Tennessee Valley Authority, Defendants, National Audubon Society, Inc., Applicant for Intervention.

United States District Court, S. D. New York.

December 8, 1971.

Attorney(s) appearing for the Case

Richard M. Hall, New York City, for plaintiffs Natural Resources Defense Council and Sierra Club.

William A. Butler, East Setauket, N. Y., for plaintiff Environmental Defense Fund, Inc.

Gifford, Woody, Carter & Hays, New York City, for National Audubon Society, Inc., applicant for intervention.

Robert H. Marquis, Gen. Counsel, T. V. A., Knoxville, Tenn., Mudge, Rose, Guthrie & Alexander, New York City, for defendant T. V. A.

MOTLEY, District Judge.

I. Statement of Facts

This action arises from the alleged practice of the Tennessee Valley Authority (TVA) of purchasing and using strip-mined coal. In general, strip-mining is a practice of extracting coal by removing the covering top and subsoils, depositing them nearby and then removing the coal from the newly exposed surface. According to plaintiffs, strip-mining directly causes severe water pollution, defaces the land...

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