Correspondence on Bonneville Unit of Central Utah Project

Page 144

Natural Resources Defense Council, Inc. 664 Hamilton Avenue Palo Alto, California 94301 New York Office 415 327-1080 Washington Office 36 West 44th Street November 2 1 , 1 9 7 3 1710 N Street, N.W. New York, New York 10036 ' Washington, D.C. 20036 212 986-8310 202 783-5710 H. Anthony Ruckel Sierra Club Legal Defense Fund 508 Majestic Bldg. 209 16th St. Denver, Colorado 80202 Dear Tony: I havfe received and perused your October 17 memo (CUP II) on the Central Utah Project. Although the proposed development is quite complicated and I'm not sure I understand all its ramifications, it is my judgment that this is a good case for NRDC participation as a co-plaintiff and I would like to so recommend to our staff and Board. Given our current financial constraints, I don't think it will be possible for us to underwrite any of the out-of-pocket expenses (or at least no more than a token amount). However, I propose what I feel is an equitable alternative; viz., I am currently handling a lawsuit in California against the Burec regarding a phase of the Central Valley Project. We are raising here many of the same kinds of NEPA EIS adequacy issues that you feel are appropriately raised there, including lack of a cost-benefit analysis, inadequate description of alternatives, failure to consider growth-inducing and other secondary impacts, and failure to consider cumulative impacts of projects or units built seriatim. I will be glad to provide advice, what research and drafting time I can spare, copies of our pleadings, research memos, etc. (In this role, it may be appropriate for me to appear on the pleadings as co-counsel or of counsel.) Let me know if this arrangement is satisfactory, whereupon I will proceed to try to secure staff and Board approval for our participation. As a first installment, I enclose a copy of our amended complaint, motion for preliminary injunction and supporting affidavits and memoranda in our CVP case (NRDC v. Stamm).