Central Utah Project Litigation Documents

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^^^^P^^'^^^^^^H SIERRA CLUB LEGAL DEFENSE FUND, INC. by Ansel Adams in This is the American Earth JAMES W. MOORMAN Executive Director BARRY A. FISHER JOHN D. HOFFMAN LAURENS H. SILVER Staff Attorneys, San Francisco H. ANTHONY RUCKEL Staff Attorney, Denver May 16, 1974 Mr. Dennis 01sen Twelve Exchange Place Salt Lake City, UT 84111 Re: Central Utah Project Litigation Dear Denni s: I have read your posttrial memorandum of law. I am very pleased; especially do I like the way it zeros in on the substantive issues without extraneous material getting in the way. Unfortunately, I have not yet had the time to read Ed Clyde's tome. I doubt, as a matter of fact, that I will have time until shortly before oral argument. Nevertheless, it strikes me that your succinct delivery on the important issues may, in comparison, stand us in very good stead. I did read, very sketchily, enough of Clyde's brief to mention the only real area of concern I have. I think that Seninger's testimony was very good for us in the cost-benefit area. I realize that this may have, for one reason or another, lost its effect after defendants' case, but since I wasn't there I can't judge so I'll proceed with my thoughts. It has always seemed to me that one of the great benefits of the cost-benefit study in a matter such as this is that it enables full evaluation on a small incremental step of a big project. It enables the balancing judgments to be made and the assessment of the incremental part in context of the whole. Not only is the cost-benefit study valuable here, but Seninger described how it should be done in an economist's terms. In addition, he showed that the cost-benefit problem we are talking about is one that assesses environmental costs and amenities and not the type of cost-benefit study defendants would assert we challenge. It seems to me that in rebuttal we can effectively use San Francisco: 3 11 California Street, Suite 311, 94104; Telephone [phone] Denver: 508 Majestic Bldg., 209 16th Street, 80202; Telephone [phone]