Citizens & Landowners Against the Miles City/New Underwood Powerline v. Secretary, United States Department of Energy

683 F.2d 1171
CourtCourt of Appeals for the Eighth Circuit
DecidedJuly 16, 1982
DocketNos. 81-1544, 81-1718
StatusPublished
Cited by1 cases

This text of 683 F.2d 1171 (Citizens & Landowners Against the Miles City/New Underwood Powerline v. Secretary, United States Department of Energy) is published on Counsel Stack Legal Research, covering Court of Appeals for the Eighth Circuit primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Citizens & Landowners Against the Miles City/New Underwood Powerline v. Secretary, United States Department of Energy, 683 F.2d 1171 (8th Cir. 1982).

Opinion

HEANEY, Circuit Judge.

This case involves the construction of a 230-kilovolt electrical transmission line from Miles City, Montana, to New Underwood, South Dakota. Appellants — South Dakota landowners, the citizens group they [1173]*1173formed, and the South Dakota Public Utilities Commission — appeal from a decision of the district court denying their motion to enjoin construction of the powerline until the appellees have corrected certain asserted violations of state and federal law. We agree with the district court, 513 F.Supp. 257, that the complaint of the landowners and their organization is barred by the doctrine of laches and that, contrary to the contentions of the Commission, the appellees need not obtain a state permit to construct the powerline. Accordingly, we affirm the judgment of the court below.

I.

The Western Area Power Administration (WAPA), an agency of the United States Department of Energy which markets and transmits electric power in the western area of the country, began construction of the Miles City-New Underwood powerline at the South Dakota border in September, 1980.1 At no time did WAPA apply for a state permit to construct the powerline as required by S.D. Codified Laws Ann. § 49-41B. The decision to undertake the project was made after the completion of a study, published in May, 1978, identifying deficiencies in WAPA’s transmission facilities.

WAPA conducted several public meetings in northwestern South Dakota in April, 1978, to inform local landowners that a six-mile wide corridor in the vicinity of their property was being studied for the project, but that the line’s exact location within the corridor had not yet been selected. WAPA issued a draft Environmental Impact Statement (EIS) on August 31, 1978. The draft included a map showing the proposed corridor running through Maurine, Union Center and Stoneville, South Dakota. The corridor crossed appellant-landowners’ property. WAPA released the final EIS on July 30, 1979. The proposed corridor in the final EIS was the same as in the draft version. Neither EIS fixed the exact location of the powerline within the corridor. The record does not reveal when WAPA announced the line’s precise route. It shows, however, that appellant-landowners knew by fall 1980 at the látest that the line would cross their property.

After several meetings and exchanges of correspondence between the landowners and WAPA officials during 1979 and 1980, the agency rejected the citizens’ proposed alternative routes in December, 1980,2 and commenced condemnation proceedings in mid-January, 1981. Shortly thereafter, this lawsuit was initiated.

The plaintiffs were five individual landowners whose property is crossed by the powerline and the nonprofit organization they formed, Citizens and Landowners Against the Miles City/New Underwood Powerline (CLAMP). They contended that the EIS prepared by WAPA was inadequate, largely because it did not address their primary alternative route, and that WAPA failed to adequately circulate the EIS and failed to properly consider public comment on the project. Furthermore, the plaintiffs alleged that the defendants violated the National Environmental Policy Act, 42 U.S.C. §§ 4321 et seq., the National Historic Preservation Act, 16 U.S.C. §§ 470 et seq., and the Archaeological Resources Protection Act, 16 U.S.C. §§ 470aa, et seq. by approving an inadequate EIS. In addition to violations of federal law, the plaintiffs alleged that the defendants violated South Dakota law by failing to obtain a permit for construction of the line from the South Dakota Public Utilities Commission [1174]*1174as required by South Dakota’s siting law, S.D. Codified Laws Ann. § 49-41B.3

In their prayer for relief, the plaintiffs asked the district court to declare the EIS inadequate, and to enjoin further construction of the powerline until the defendants prepared a proper EIS and otherwise complied with applicable federal and state laws. The plaintiffs also asked that all condemnation proceedings related to the powerline be enjoined until the defendants fulfilled their statutory duties.

At trial,4 the South Dakota Public Utilities Commission intervened as a plaintiff, and Grand Electric Cooperative, which had contracted with WAPA to purchase electrical power to supply to its retail customers, intervened as a defendant. The district court denied the plaintiffs relief, finding that (1) the EIS prepared by WAPA was adequate; (2) WAPA violated neither the National Environmental Policy Act, 42 U.S.C. §§ 4321 et seq., the National Historical Preservation Act, 16 U.S.C. §§ 470 et seq., nor the Archaeological Resources Protection Act, 16 U.S.C. §§ 407aa et seq.-, (3) WAPA was not required to comply with the South Dakota siting law or the other state statutes relied upon by the plaintiffs; and (4) the plaintiffs’ action was barred by the doctrine of laches.

The plaintiffs now appeal to this Court.

II.

Laches is an equitable defense. The doctrine, therefore, is flexible; no fixed or arbitrary period of time controls its applicability. E.g., Goodman v. McDonnell Douglas Corp., 606 F.2d 800, 805-806 (8th Cir. 1979). In determining whether the doctrine of laches should bar a lawsuit, all the particular circumstances of each case must be considered, including the length of delay, the reasons for it, its effect on the defendant, and the overall fairness of permitting the plaintiff to assert his or her action. Id. at 806. Accordingly, we will briefly summarize the events leading up to the initiation of this lawsuit.

The first discussions regarding the powerline occurred in January and February, 1978, when WAPA officials conducted informational meetings and met with the Meade County Commissioners.5 On March 9, 1978, the Department of Energy sent a letter to each landowner within the corridor selected for the powerline, notifying them of informational meetings to be held in April. The project and the necessity for easements were discussed at these meetings, which took place on April 4, 5 and 6, 1978, at New Underwood, Union Center and Bison, South Dakota, respectively. Four of the five appellant-landowners attended the Union Center meeting. Between May 3, 1978, and May 17, 1978, WAPA representatives contacted several CLAMP members requesting permission to conduct surveys on their property.

On August 31, 1978, the draft EIS was issued and sent to a number of federal, state and local agencies, as well as public libraries in the affected areas.

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683 F.2d 1171, Counsel Stack Legal Research, https://law.counselstack.com/opinion/citizens-landowners-against-the-miles-citynew-underwood-powerline-v-ca8-1982.