Environmental Defense Fund v. Tennessee Valley Auth., 74-1139.

• Decision Date: 22 February 1974
• Docket Number: No. 74-1139.,74-1139.
• Citation: 492 F.2d 466
• Parties: ENVIRONMENTAL DEFENSE FUND et al., Plaintiffs-Appellants, v. TENNESSEE VALLEY AUTHORITY et al., Defendants-Appellees.
• Court: U.S. Court of Appeals — Sixth Circuit

492 F.2d 466 (1974)

ENVIRONMENTAL DEFENSE FUND et al., Plaintiffs-Appellants, v. TENNESSEE VALLEY AUTHORITY et al., Defendants-Appellees.

No. 74-1139.

United States Court of Appeals, Sixth Circuit.

Argued December 7, 1973.

Decided February 22, 1974.

Jon T. Brown, Washington, D.C., for plaintiffs-appellants; Wallace L. Duncan, Fredrick D. Palmer, Washington, D.C., on brief; James Tripp, Lawrence R. Reno, of counsel.

Beauchamp E. Brogan, Knoxville, Tenn., for defendants-appellees; Robert H. Marquis, Gen. Counsel, Thomas A. Pedersen, Beverly S. Burvage, Tennessee Valley Authority, Knoxville, Tenn., on brief.

Before WEICK, McCREE and MILLER, Circuit Judges.

PER CURIAM.

This action was instituted in the court below to enjoin T.V.A. from completing construction of the Tellico Dam Project on the Little Tennessee River in Tennessee. The district court first enjoined completion of the project because of its conclusion that T.V.A. had not complied with the National Environment Policy Act (NEPA), 42 U.S.C. Sec. 4331 et seq., by filing an adequate impact statement. Environmental Defense Fund, et al. v. T.V.A., 339 F.Supp. 806 (E.D. Tenn.1972). On appeal, it was contended that NEPA did not apply since the Project had been planned and its construction begun before the effective date of the Act. This court, in an opinion written by Circuit Judge McCree, rejected this contention and affirmed the judgment of the district court. Environmental Defense Fund, et al. v. T.V.A., et al., 468 F.2d 1164 (6th Cir.1972). On remand, the district court held a hearing on the merits (from September 17th through September 20th). It considered the final impact statement filed by T.V.A. on February 10, 1973. It pointed out in its extensive opinion that the final statement consisted of three volumes totaling approximately 600 pages and found that the statement was an adequate compliance with the requirements of NEPA. Environmental Defense Fund et al. v. T.V.A. et al., 371 F.Supp. 1004 (E.D.Tenn.1973). The court also rejected the contention that the Project was in violation of any other federal law, including the National Historic Preservation Act, 16 U.S.C. Sec. 470f and Executive Order No. 11573, and the Federal Water Pollution Control Act Amendments of 1972.

A succinct description of the Project is set forth by the district court in its latest opinion:

This litigation stems from the construction of a concrete and earthfill dam near the mouth of the Little Tennessee River. TVA will ultimately acquire thirty-eight thousand acres for development of the project. Sixteen thousand, five hundred acres will be inundated upon completion of the reservoir; the remaining acreage will be developed for industrial, commercial, residential, and recreational purposes. The project plan also contemplates the creation of a new city, Timberlake, with a population of fifty thousand persons.

The project calls for the impoundment of the first thirty-three miles of the Little Tennessee River. The river and its environs present an extremely attractive setting, and are the source of thousands of annual fishing and boating trips. The area contains rich agricultural land with approximately twenty-five thousand, five hundred acres of the total acreage taken in land use Classes I, II, III. Fort Loudoun, an eighteenth

...