Case 20



Columbia Basin Land Protection Association v. Kleppe, 417 F. Supp. 46 (E.D. Wash. 1976).

Plaintiffs moved to enjoin the Bonneville Power Administration (BPA) from constructing a series of power transmission lines on the ground that BPA's environmental impact statement (EIS) was inadequate under the National Environmental Policy Act (NEPA). One of plaintiffs' arguments was that the EIS was inadequate because BPA had failed to comply with the National Historic Preservation Act (NHPA) and Executive Order No. 11593.

The court noted that NEPA requires agencies to consult with other Federal agencies with expertise on the effects of a proposed project. After briefly describing the requirement of Section 106 of NHPA that the agency afford the Advisory Council on Historic Preservation an opportunity to comment on proposed projects that may affect historic sites, the court concluded that BPA had fulfilled its obligations under NHPA and Executive Order No. 11593. 417 F. Supp. at 51. [Ed. note: The court offered no further analysis of the relationship of NEPA and NHPA and did not explain how it reached its conclusion.

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