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SAVE THE NIOBRARA RIVER ASS'N v. ANDRUS

No. CV75-L-96.

483 F.Supp. 844 (1979)

SAVE THE NIOBRARA RIVER ASSOCIATION, INC., a corporation; Wes Sandall, Linda Munk, Tom Higgins, and Loring Kuhre, Plaintiffs, v. Cecil D. ANDRUS, Individually and as Secretary of the Department of Interior, and Gilbert W. Stamm, Individually and as Commissioner of the Bureau of Reclamation, their employees, attorneys, and all persons acting in concert or cooperation with them or at their direction or under their control, Defendants, Niobrara Basin Irrigation District; North Central Nebraska Reclamation District; and State of Nebraska Board of Educational Lands and Funds, Intervenors.

United States District Court, D. Nebraska.

On Motion to Vacate Injunction April 16, 1979.

Attorney(s) appearing for the Case

J. Bruce Teichman, Lincoln, Neb., Edward F. Fogarty, Omaha, Neb., for plaintiffs.

Robert F. Kokrda, David A. Kubichek, Asst. U. S. Attys., Omaha, Neb., Jeffrey A. Bogue, Asst. U. S. Atty., Lincoln, Neb., for defendants.

James L. Sedgwick, Lincoln, Neb., for intervenors Niobrara Basin Irrigation Dist. and North Central Nebraska Reclamation Dist.

Bernard L. Packett, Asst. Atty. Gen., Lincoln, Neb., for intervenor State of Nebraska Bd. of Educational Lands and Funds.

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...

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