State Committee to Stop Sanguine v. Laird
Decision Date | 12 October 1970 |
Docket Number | No. 70-C-5.,70-C-5. |
Citation | 317 F. Supp. 664 |
Parties | The STATE COMMITTEE TO STOP SANGUINE and Charles H. Stoddard, Plaintiffs, v. Melvin R. LAIRD, Secretary of Defense, and the Radio Corporation of America, Inc., Defendants. |
Court | U.S. District Court — Western District of Wisconsin |
Roy G. Tulane, William A. Chatterton, Madison, Wis., for plaintiffs.
John O. Olson, U. S. Atty., Madison, Wis., for Melvin R. Laird.
James O. Huber, Milwaukee, Wis., for Radio Corporation of America.
This is a civil action in which plaintiffs seek to enjoin defendants from operating and maintaining Project Sanguine, a signal system test facility in the vicinity of Clam Lake, Wisconsin.1 The matter is before the court on a motion to dismiss by The Radio Corporation of America, Inc. (RCA), and on certain affirmative defenses raised by defendant Laird in his answer (the complaint fails to state a claim upon which relief can be granted; the court lacks jurisdiction over the subject matter; and the plaintiffs lack standing to sue). Briefs have been filed by the parties and by amici curiae.
See also Hyde Construction Co. v. Koehring Co., 348 F.2d 643, 648 (10th Cir. 1965), reversed on other grounds, 382 U.S. 362, 86 S.Ct. 522, 15 L.Ed.2d 416 (1966), cert. denied 385 U.S. 949, 87 S. Ct. 323, 17 L.Ed.2d 227 (1966).
Section 1331 provides:
"(a) The district courts shall have original jurisdiction of all civil actions wherein the matter in controversy exceeds the sum or value of $10,000, exclusive of interest and costs, and arises under the Constitution, laws, or treaties of the United States."
Plaintiffs do not contend that this matter arises under either the Constitution or the treaties of the United States. Instead, from the amended complaint, briefs, and oral argument of plaintiffs, it appears that they allege that the case arises under the laws of the United States for the following reasons: (1) RCA has received no authorization from the Federal Communications Commission to construct and operate Project Sanguine; (2) by authorizing the construction of the Project Sanguine Clam Lake facility, Laird has abused his discretionary power to delegate authority; and (3) the defendants have failed to comply with the National Environmental Policy Act of 1969.
The complaint does not allege interstate and foreign communication by radio or interstate and foreign transmission of energy by radio. Neither do plaintiffs allege interstate and foreign communication by wire which, according to the definition in 47 U.S.C. § 153(a), requires transmission by wire between the points of origin and reception of the transmission. Therefore, since on the face of the complaint the Clam Lake facility is outside the scope of Title 47, Chapter 5, it follows that no statute contained therein requires prior authorization of the Federal Communications Commission.
The Secretary of the Navy "is responsible to the Secretary of Defense for the operation and efficiency of the Department." 10 U.S.C. § 5031(a). Section 7203 of Title 10, United States Code, authorizes the Secretary of the Navy to "make such expenditures as he considers appropriate for scientific investigation and research." There is no allegation in the complaint that Project Sanguine is not considered by the Secretary of the Navy to be an appropriate subject of scientific investigation and research.
The National Environmental Policy Act, 42 U.S.C. § 4321 et seq., was enacted January 1, 1970. Section 4332 provides in relevant part:
The complaint contains no allegation that "the worldwide and long-range character of environmental problems" was not recognized, nor do plaintiffs allege that appropriate support, consistent with the foreign policy of the United States, was not lent to "initiatives, resolutions, and programs designed to maximize international...
To continue reading
Request your trial-
Local Division 519 v. LaCrosse Municipal Trans.
...in the absence of a specific averment, if the requisite dollar amount can be inferred from the complaint. State Committee to Stop Sanguine v. Laird, 317 F.Supp. 664, 667 (W.D.Wis.1970); Giancana v. Johnson, 335 F.2d 366, 368 (7th Cir. 1964), cert. denied, 379 U.S. 1001, 85 S.Ct. 718, 13 L.E......
-
McCarty v. Amoco Pipeline Co.
...FMC Corp., 414 F.Supp. 1147 (E.D.Wis.1976); State ex rel. Bruce v. Larkin, 346 F.Supp. 1065 (E.D.Wis.1972); State Committee to Stop Sanguine v. Laird, 317 F.Supp. 664 (W.D.Wis.1970); Butterman v. Walston & Co., 308 F.Supp. 534 (E.D.Wis.1970). Indeed, one court went so far as to claim that "......
-
Green v. Warden, U.S. Penitentiary
...jurisdiction, not to enlarge it. See Plum Creek Lumber Co. v. Hutton, 608 F.2d 1283, 1289 (9th Cir.1979); State Committee to Stop Sanguine v. Laird, 317 F.Supp. 664, 665 (W.D.Wis.1970). The exercise of this power is appropriate both in cases where jurisdiction of the Court of Appeals has al......
-
State ex rel. Bruce v. Larkin
...380 F.2d 90, 92 (7th Cir. 1967), cert. denied, 389 U.S. 1014, 88 S.Ct. 591, 19 L.Ed.2d 660 (1967); State Committee to Stop Sanguine v. Laird, 317 F.Supp. 664, 667 (W.D.Wis.1970). Section 1343 grants original jurisdiction to district courts over certain actions involving civil rights. Despit......