Case 39

Libby Rod & Gun Club v. Poteat, 457 F. Supp. 1177 (D. Mont. 1978).

Plaintiffs sought a preliminary injunction to stop the Army Corps of Engineers from constructing a dam on the Kootenai River in Montana, alleging that the dam would adversely affect several archeological sites. The Corps had prepared an environmental impact statement (EIS) under the National Environmental Policy Act prior to the determination that the archeological sites were eligible for the National Register of Historic Places, but it had not complied with the National Historic Preservation Act (NHPA).

The court found that the Corps' EIS was inadequate in several respects and directed the Corps to revise the EIS. The new EIS must consider the impact of the project on the archeological sites. 457 F. Supp. at 1189.

Next, the court held that plaintiffs had not established a likelihood of success on the merits of their NHPA claims. Nevertheless, because the Corps was enjoined from construction activities on other grounds, it would have additional time in which to complete additional archeological survey and salvage activities. Id. at 1190.

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